On Liability and Liability Clauses in German Law

When you negotiate agreements between German companies and companies with a – broadly speaking – common law background, especially the U.S., one issue that keeps appearing is the parties’ liability for damages. Groundhog day, if you will.

“Liability” is certainly a difficult legal term to being with, especially as you have to first decide what you are actually talking about when using the word. Continue reading

More on exhaustion

Just after finishing our recent post on the exhaustion doctrine (ECJ “Usedsoft”), I came across two other news reports touching upon the same issues. The first concerned an ongoing dispute between Microsoft and a German used license trading company . The second pointed to an (unintentionally comical) decision of the Higher Regional Court of Stuttgart (Oberlandesgericht Stuttgart). Continue reading