D - [OT: GPL] A warning for exporting code to germany under gpl license
- Manfred Nowak <svv1999 hotmail.com> Apr 02 2004
Just read: http://www.heise.de/newsticker/meldung/45764 [ cited 02.04.04] The content means, that it is legal to have code gpl'ed in germany, but with a surprise to the author: because it is illegal in germany to exclude every warranty ( and the gpl does this), that exclusion does not stand for those cases that it is allowed to, but fails at all. Thereby the responsible is liable for even (simple) negligence. Whereas it would be legal to exclude only (simple) negligence and hold up warranty for gross negligence or intent. One more thing is, that in germany an author cannot sell or otherwise loose the property to be the author. This might (IANAL) have the consequence, that the author of faulty code is put into a law suit, if he enters germany. So long!
Apr 02 2004