Germany

[Greg Wright]

Hello Rod,

*********** REPLY SEPARATOR  ***********

On 27/01/01 at 10:13 Rod Dixon, J.D., LL.M. wrote:

>These points are well-taken, but they are really beside the point. Today,
>any transaction in Cyberspace may encounter difficult questions of choice
>of
>law or jurisdiction. This issue is not unique to open source. I would not
>spend too much time worrying about this. Instead, let's concentrate on
open
>source. I am particularly interested in reading your comments on whether
>anyone has attempted to incorporate the ASP model (renting software) into
a
>public license. Does ASP present unique open source concerns?
>
>

That was my point exactly, do not worry about trivial things, do what is
possible.....

It matters not that we are dealing with Open Source, achieving workable
objective's is what the aim should be, protecting <something> is what a
license tries to do. (which I do not doubt most know). Getting a little OT,
I do not see the need for anyone to explain they are not lawyers as well, I
would rather see somone state if they are in fact a lawyer.




>- Rod
>
>----- Original Message -----
>From: "Greg Wright" <Greg at AusIT.com>

>> *********** REPLY SEPARATOR  ***********
>>
>> On 26/01/01 at 16:56 SamBC wrote:
>>
>> >----- Original Message -----
>> >From: "Alexander Eichler" <alexander.eichler at wfm.de>

>> >> Under German law there are a couple of problems with Open Source
>> >Licensing,
>> >> e.g. it is impossible under German law to have no liability for Open
>> >Source
>> >> Software. On the other hand, GPL says that there is no liability.
>> >>
>> >> I learned that this is a problem in some states in US too.
>> >
>> >It is a problem in many nations, UK being the easiest example, where
>> >there are several 'implied warranties' that cannot be denied,
succintly:
>> >merchantability, fitness for a particular purpose, and damages
>> >liability.
>>
>> No license or document is going to cover all 4 corners of the
>globe.....no
>> matter what you invest in the creation....
>>
>> Just as an example, our Govt. is investigating DVD and how the
>> implementation of regions may be illegal here, what they can do about
the
>> findings is another matter.T
>>


Regards

Greg Wright
-- 

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