Posted Sep 8, 2007 11:14 UTC (Sat) by man_ls
In reply to: International liability
Parent article: Software liability laws: a dangerous solution
Ah, OK. In Spanish law, "tort law" is called extracontractual responsibility, and of course it is applied in the sense you explain: if you open a hole in the middle of the street and somebody falls inside, you are responsible for any damages.
The Spanish civil code, in its article 1902, says:
Whoever causes harm to another by action or omission, with intervening guilt or negligence, is forced to repair the harm done.
Which would seem like an open door to problems for free software developers. In practice responsibility is reduced by courts to a specific range of subjects, and "negligence" seems to be interpreted in a rather narrow sense. Just publishing code would not be enough if you have to download and deploy it first.
As before, IANAL. This kind of disclaimer for example is usually not necessary here in Spain, and not just to avoid charges of negligence; you would have to actually claim you are a lawyer before anyone starts to even consider it. So maybe it is a cultural thing.
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