Re: [staff] Debian Install workshop in Brest - Waiver
Hi Ilu,
On Mon, 30 Jun 2025 at 12:46, Ilu <ilulu@gmx.net> wrote:
>
> Am 29.06.25 um 23:49 schrieb Alex:
> >>> There is no perfect way to write a responsibility waiver. In my opinion,
> >>> the key is to have a clear discussion with the persons who will install
> >>> Debian on their machines, and make them admit that *they* will install
> >>> Debian, with our help and hints; when the time happens to change the
> >>> format of their storage disk, they must take the decision to say "OK",
> >>> and push the right button themselves.
> >>
> >> There is a CORRECT way to write a waiver, as lawyers regularly do all
> >> over the world. I gave you sound advice, do whatever you like, but at
> >> the very least exclude intent. Yes, your text tries to waive liability
> >> for intentional damaging actions and that disgression voids the whole thing.
> >
> > Ilu, thanks a lot for taking your time to have a closer look at the
> > waiver. I actually think that you are right. Out of curiosity, could you
> > point me to a case/law which voids too wide liability waivers?
>
> § 309 Nr. 7 b) BGB (D). I can't tell you the exact law in other
> countries, but I know its the same in Austria and Netherlands. And if
> you think about it, waiving liability for intentional damage seems kind
> of unfair. Even if the opinions about what exactly is considered "gross"
> about negligience might differ in different jurisdicions I'm reasonably
> sure that all EU countries have some case or law that forbids too far
> fetching waivers, especially in terms that are set unilaterally by one
> party (as is the case here).
> [ ... snip ... ]
For German-readers, I believe the relevant text mentioned can be found
online at: https://www.gesetze-im-internet.de/bgb/__309.html
If it implements a specific aspect of EU law, then it might be useful
to find and refer to the corresponding originating code on EUR-Lex[1],
where translations into each language of the union should also be
available.
Has anyone with suitable professional legal credentials reviewed the waiver?
Regards,
James
[1] - https://eur-lex.europa.eu
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