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On 12/5/2022 2:45 PM, Carlo Piana wrote:<br>
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<pre class="moz-quote-pre" wrap="">Rationale:
This new license is intended to represent the rights and obligations of an
established license, such as Apache v2, while respecting the differences
between US and German law. The changes were mainly done in the paragraphs
regarding warranty (limitation of the warranty to comply with legal
requirements) and liability (intent cannot be excluded under German law).
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<pre class="moz-quote-pre" wrap="">Indeed this is true also under Italian Law and to my understanding a few other laws.
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I'm just curious. This is true under US law as well. We generally
address it in the way that the Apache license does, with something
like "Unless required by applicable law or agreed to in writing,"
any warranty is disclaimed. Why doesn't that work in Germany, and
what would be the outcome in Germany if the license didn't expressly
exclude intentional or grossly negligent conduct? Is the entire
paragraph discarded, and so someone who has a claim for mere
negligence has a warranty despite the effort to disclaim it?<br>
<br>
Pam<br>
<br>
Pamela S. Chestek<br>
Chestek Legal<br>
PO Box 2492<br>
Raleigh, NC 27602<br>
<a class="moz-txt-link-abbreviated" href="mailto:pamela@chesteklegal.com">pamela@chesteklegal.com</a><br>
+1 919-800-8033<br>
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