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Re: [epl-discuss] [Topic] No warranty {WAS Copyleft provisions are not obvious]

Am 16.07.2013 um 16:34 schrieb Mike Milinkovich <mike.milinkovich@xxxxxxxxxxx>:
2.       The lack of any warranty or liability at all, which I have been told many times is in violation of at least German law. 

I'm not sure there is much the EPL can do about it other than stating that any such clause might not apply everywhere and thus, may be invalid or restricted for a specific local law but does not invalidate the whole contract of the EPL.

In the case of German law, only when the software is distributed completely free the law of gift/donation contracts apply which do allow a warranty and liability exclusion but never a complete one. Any 3rd party that is looking for liability of EPL software downloaded for free needs to prove that it (1) suffered a severe damage from the software and prove (2) disingenuous concealing, malicious deception or so *and* (3) find the correct legal entity to request liability from in front of a German court. In reality, (2) might be the hard part and also (3) can become pretty tough.

In all other cases, when EPL is distributed together with services, support, as part of a product or solution or with any other kinds of contracts requiring any kind of payment/fee, then the EPL is no longer considered the main contract and different laws for warranty and liability apply. But I don't think that the latter case requires special attention by the EPL. I'd call it - as brave (or as naive) as I am - business.


Gunnar Wagenknecht

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