Comment GPL adaptions to local legislations? (Score 1) 403
In the latest issue of the german publication Linux Magazin (this article is not available online), Till Jaeger mentioned that Sections 11 and 12 of the GPL, concerning warranty and liability, will be void according to german law.
He explained that the "General Trading Conditions Act" (Gesetz zur Regelung des Rechts der Allgemeinen Geschäftsbedingungen, aka AGBG) makes it impossible in germany to completely withdraw the creators responsibility for a given product, even if the product is donated, like software downloaded for free. I.e. in the case of intend ("Vorsatz") or serious negligence ("grobe Fahrlässigkeit") the author of a program will be liable to a certain extend.
Worst of all I think, because of the complete denial of warranty and liability the GPL is sporting, the aformentioned sections 11 and 12 become void.
So what about a localized "German GPL" or a "Germany Clause" in the GPL to reduce the risk for the program's author to a maximum extend by not completely voiding these sections?
(BTW: Maybe this problem not only concerns germany but also some eastern european countries - concerning trade laws and consumer rights, they have often adopted german legislation in the past decade.)
He explained that the "General Trading Conditions Act" (Gesetz zur Regelung des Rechts der Allgemeinen Geschäftsbedingungen, aka AGBG) makes it impossible in germany to completely withdraw the creators responsibility for a given product, even if the product is donated, like software downloaded for free. I.e. in the case of intend ("Vorsatz") or serious negligence ("grobe Fahrlässigkeit") the author of a program will be liable to a certain extend.
Worst of all I think, because of the complete denial of warranty and liability the GPL is sporting, the aformentioned sections 11 and 12 become void.
So what about a localized "German GPL" or a "Germany Clause" in the GPL to reduce the risk for the program's author to a maximum extend by not completely voiding these sections?
(BTW: Maybe this problem not only concerns germany but also some eastern european countries - concerning trade laws and consumer rights, they have often adopted german legislation in the past decade.)
