Question regarding certification

Walter van Holst walter.van.holst at
Thu Nov 11 10:23:28 UTC 2004

Hello all,

 I have a question regarding the certification process. Almost all OSS
licenses assume that there doesn't exist a contract between the
copyright holder and the end user of OSS since no consideration passes
hands. At the same time all OSS licenses do not give any warranty
whatsoever and reduce liabilities in a rather rigorous manner.
Although this may be perfectly reasonable in a common law context, in
civil law countries this is rather problematic. First of all, to
exonerate liabilities and to reduce warranties you need a contract.
Second, the way most OSS licenses do exonerate the copyright holder
and reduce warranties is highly questionable in most civil law
jurisdictions. The good news is that in civil law countries there is
no consideration needed to have a contract. Which brings me to my
question, given that the material aspects of a triple MPL/GPL/LGPL
license were rephrased into a new license that addresses the problems
mentioned and would contain a fallback clause for use in common law
countries, how complicated would the OSI certification process get?


 Walter van Holst

More information about the License-discuss mailing list