Subject: Re: For Approval: German Free Software License
From: John Cowan <cowan@ccil.org>
Date: Wed, 24 Nov 2004 07:34:35 -0500

Axel Metzger scripsit:

> No, under German and European contract law it is impossible to exclude any
> warranty and liability. The consequences are not to severe - as long as you
> redistribute the program without charging a fee. Under the German Cicil Code
> you are only liable if you knew that the program has defects etc.

Is this understood de dicto or de re?  In other words, I know that my
program "has defects", because generally speaking all programs have bugs,
but I don't know which defects it has (or I would fix them).  So does
liability attach only if I have specific knowledge of defects?  I would
hope so.

(The classical example of a de dicto/de re distinction is about spies:
I know de dicto that spies exist, but I don't know *about* any individual
that he is a spy.  In logical formalism:  I know (Ex: x is a spy),
but ~Ex: I know (x is a spy).)

-- 
My confusion is rapidly waxing          John Cowan
For XML Schema's too taxing:            cowan@ccil.org
    I'd use DTDs                        http://www.reutershealth.com
    If they had local trees --          http://www.ccil.org/~cowan
I think I best switch to RELAX NG.