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Re: legal Digest, Vol 25, Issue 4

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ku...@web.de

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Mar 19, 2009, 6:34:51 PM3/19/09
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Hi,

does anyone know what is to be done, to use MPL or an MPL like license
in Germany?

The point is, that the point 9 of the license is not applicable in
german law. You can not exclude all liability. You are always liable for
"grobe Fahrlaessigkeit" (culpable negligence), but you can exclude
"einfache Fahrlässigkeit" (simple negligence). But due to the fact, that
point 9 of the license is not applicable as it is, the normal german
right takes controll and you are also liable for "einfache
Fahrlässigkeit", because you have not excluded it.

Also chapter 7 is, as far is I know, not full complient to german law.
Or is it, because you give the software away for free? I hope for
someone who has some knowledge about MPL and german law.

Was MPL already on court in germany?

Thank you in advance,
Kevin Fleischer

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