Re: [boost] Limitation of liability in Boost License

From: Stephan Tolksdorf (andorxor_at_[hidden])
Date: 2007-08-23 06:07:55

Markus Schöpflin wrote:
> Stephan Tolksdorf wrote:
> 
>> IANAL but AFAIK the Boost License's disclaimer of warranty and liability 
>> is invalid under German law (irrespective whether the licensee is a 
>> consumer or not). 
(...)
> 
> IANAL too, but you're right, under German law it's not possible to 
> disclaim warranty and liability. But AFAIK, as long as you're giving 
> your software away for free, you're only liable for deceit and 
> fraudulent concealment of defects and grossly negligent behavior. )

AFAIK this interpretation hinges on the law related to gifts 
"Schenkungsrecht" being applicable, which might not be true in every 
case, in particular if your company in some way profits from your 
contributions or provides related consulting services.

Furthermore, due to the special protections of consumers in 
international contracts under German law (Art. 29 EGBGB) one might think 
of a situation where an invalid disclaimer has the consequence that the 
consumer's home country's default warranty/liability provisions become 
applicable. These default provisions might include liability for more 
than fraudulent concealment or gross negligence.

Best regards,
   Stephan