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.