Hi Ilu, On Mon, 30 Jun 2025 at 12:46, Ilu <[email protected]> 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
