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GPL v3 : Warranties and Liability. European Open source Lawyers Event Paris Capitale du Libre – 24 September 2008 Sandrine Rambaud Avocat. Introduction. Principle: exclusion of warranties and liabilities Consideration for the chosen model and ensurance of its development Questions raised:

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Gpl v3 warranties and liability

GPL v3 : Warranties and Liability

European Open source Lawyers Event

Paris Capitale du Libre – 24 September 2008

Sandrine Rambaud

Avocat


Introduction
Introduction

  • Principle: exclusion of warranties and liabilities

  • Consideration for the chosen model and ensurance of its development

  • Questions raised:

    • Is this valid under French law?

    • What are the consequences for the free software users?



Legal warranties under french law
Legal warranties under French law under French law?

  • Warranty against hidden defects

    • Art.1641 and seq. / Art. 1721 French civil code

    • Art. 211-1 and seq. French consumer code

  • Conformity warranty

    • Art. 1604 French civil code

    • Art. 211-4 French consumer code

  • Infringement warranty

    • Art.1626 and seq. French civil code

    • Art.1719-3 French civil code


Hidden defects conformity warranties
Hidden defects / Conformity warranties under French law?

  • As a principle, hidden defects warranty may be excluded only between profesionnals of the same speciality.

  • As a principle, conformity warranty may be limited under the same restrictions than the contractual liability

  • In any case, such limitations / exclusions cannot be enforced against consumers.


Infringement warranty
Infringement warranty under French law?

  • Limitation / exclusions may be valid :

    • Except if the infringement is due to its own behaviour (!)

    • In any case, the reimbursement of the price is due.


Limitation exclusion of liability
Limitation/ Exclusion of liability under French law?

  • Such limitations / exclusions are valid, except in the following cases:

    • Tort liability

    • Wilfull misconduct

    • Gross negligence

    • Breach of an essential obligation


Gplv3 what are the consequences for the software users

GPLv3: under French law?what are the consequences for the software users ?


Free software v proprietary software 1
Free software v. Proprietary software (1) under French law?

  • Proprietary software licences include several sort of provisions which aim at limiting or excluding software publishers warranties and liability

  • Conformity warranty / Hidden defects warranty

    • Objective of the customer:

      • Correction of the non-conformity / bugs

      • Reimbursement of the licence fee or a reduction of the price

  • Infringement warranties


Free software v proprietary software 2
Free software v. Proprietary software (2) under French law?

  • No case law in France on these questions

  • The only difference: one contact (the software publisher) or multiple contacts (the community, service providers…)

  • Some risks exist, as in the proprietary software sphere, they are different, but they can be managed.


Any questions? under French law?

Thank You

[email protected]


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