[License-review] For Approval: Open Logistics License v1.2

[Pamela Chestek]

This is the language from the submitted license: "Except in cases of 
intentional and grossly negligent conduct, ..."

This is the language from the EUPL: "Except in the cases of wilful 
misconduct or damages directly caused to natural persons, ...."

They are different and I would expect that the EUPL tried to be as 
universal as possible. Perhaps it doesn't matter since this license is 
to be construed under German law, and this standard is (I assume) 
correct under German law.

Pamela S. Chestek
Chestek Legal
PO Box 2492
Raleigh, NC 27602
pamela at chesteklegal.com
+1 919-800-8033

On 12/11/2022 1:07 PM, McCoy Smith wrote:
> This is what Andreas said back in May:
>
> "According to German law, one can only deviate from or limit liability to a
> very limited extent by means of general terms and conditions. Assuming that
> open source software is handed over as a gift, we fortunately no longer have
> comprehensive liability for simple negligence, but "only" the liability
> specified in the licence (under German laws). However, it is not possible to
> further deviate from this liability in favour of the potentially liable
> party."
>
> https://lists.opensource.org/pipermail/license-review_lists.opensource.org/2
> 022-May/005256.html
>
> I'm not a German attorney, but it's my understanding that certain warranties
> or liabilities cannot be disclaimed in German law. This is the same in other
> law, including the US. The end result of most FOSS licenses is they have the
> effect of disclaiming whatever under the local law can be disclaimed, but
> the local law will impose liabilities where they cannot be disclaimed.
>
> It might be helpful for this discussion if there were some reference to
> something (statute, case law) that obligates that a disclaimer in Germany be
> styled in the particular way this license, since it certainly impacts the
> enforcement of FOSS licenses in Germany (for which there is quite a bit of
> precedent).
>
>> -----Original Message-----
>> From: License-review <license-review-bounces at lists.opensource.org> On
>> Behalf Of Bradley M. Kuhn
>> Sent: Sunday, December 11, 2022 9:38 AM
>> To: License submissions for OSI review <license-
>> review at lists.opensource.org>
>> Subject: Re: [License-review] For Approval: Open Logistics License v1.2
>>
>> Pam and Carlo have made some good legal critiques.  My critiques are
> purely
>> policy-related (IANAL):
>>
>> Andreas Nettsträter wrote:
>>> The Open Logistics License is based on Apache v2 but has been modified
>>> to comply with German law (as a representative for "European" law).
>> If it really is true that existing FOSS licenses such as ASLv2 (or for
> that matter,
>> copyleft-next or GPL) do not comply with German law, then we should focus
>> our efforts to redraft those licenses and release new versions so that
> they
>> comply with German law.
>>
>>> Proliferation category:
>>> Our proposal would be: Special purpose license.
>> What's the special purpose?  Compliance with German Law?  Again, if
>> existing FOSS licenses are determined to *not* comply with German law, we
>> have a huge problem in a major municipality in the world.  If existing
> FOSS
>> licenses *do* comply with German law, then this is pure license
> proliferation.
>> --
>> Bradley M. Kuhn - he/him
>>
>> Pls. support the charity where I work, Software Freedom Conservancy:
>> https://sfconservancy.org/supporter/
>>
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