[License-discuss] End of CAL discussion? Paging Arthur Brock.

Alexander Terekhov herr.alter at gmail.com
Wed Jul 24 07:07:04 UTC 2019


It would be really nice if CAL.next would stop calling unconditional
covenants/duties/obligations "conditions".

https://medium.com/policy/medium-terms-of-service-9db0094a1e0f

"...in a court located in San Francisco, California."

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=CIV&division=3.&title=2.&part=1.&chapter=3.&article=


CHAPTER 3. Conditional Obligations [1434 - 1442]  ( Chapter 3 enacted 1872.
)

1434.  An obligation is conditional, when the rights or duties of any party
thereto depend upon the occurrence of an uncertain event.
(Enacted 1872.)

1435.  Conditions may be precedent, concurrent, or subsequent.
(Enacted 1872.)

1436.  A condition precedent is one which is to be performed before some
right dependent thereon accrues, or some act dependent thereon is performed.
(Enacted 1872.)

1437.  Conditions concurrent are those which are mutually dependent, and
are to be performed at the same time.
(Enacted 1872.)

1438.  A condition subsequent is one referring to a future event, upon the
happening of which the obligation becomes no longer binding upon the other
party, if he chooses to avail himself of the condition.
(Enacted 1872.)

1439.  Before any party to an obligation can require another party to
perform any act under it, he must fulfill all conditions precedent thereto
imposed upon himself; and must be able and offer to fulfill all conditions
concurrent so imposed upon him on the like fulfillment by the other party,
except as provided by the next section.
(Enacted 1872.)

1440.  If a party to an obligation gives notice to another, before the
latter is in default, that he will not perform the same upon his part, and
does not retract such notice before the time at which performance upon his
part is due, such other party is entitled to enforce the obligation without
previously performing or offering to perform any conditions upon his part
in favor of the former party.
(Enacted 1872.)

1441.  A condition in a contract, the fulfillment of which is impossible or
unlawful, within the meaning of the Article on the Object of Contracts, or
which is repugnant to the nature of the interest created by the contract,
is void.
(Enacted 1872.)

1442.  A condition involving a forfeiture must be strictly interpreted
against the party for whose benefit it is created.
(Enacted 1872.)

Am Mi., 24. Juli 2019 um 03:54 Uhr schrieb VanL <van.lindberg at gmail.com>:

> Various individuals at my client, including Arthur, are reviewing a second
> draft of the CAL before it is widely shared. When they ate done with their
> review, the new draft will be posted here.
>
> As for Arthur, it is his prerogative to join or not join any discussion he
> would like. He is definitely aware of the discussions here.
>
> Also, I would note that while my day job is as a lawyer, I understand the
> technical details underlying the things I discuss.
>
> Thanks,
> Van
>
>
>
> __________________________
> Van Lindberg
> van.lindberg at gmail.com
> m: 214.364.7985
>
> On Tue, Jul 23, 2019, 2:37 PM Bruce Perens via License-discuss <
> license-discuss at lists.opensource.org> wrote:
>
>> Are we finished discussing the Cryptographic Autonomy License?
>>
>> I am disappointed that Arthur Brock did not step up to explain his
>> license and left all of the representation to Van. Van is not really an
>> expert in the technical needs that motivated Arthur to ask him to work on
>> that license, and in my private correspondence with Arthur, it seemed he
>> had something to say.
>>
>> Van, this is not a court of law and I don't think there is a downside in
>> having the client talk with us. Could you invite him to?
>>
>>     Thanks
>>
>>     Bruce
>> _______________________________________________
>> License-discuss mailing list
>> License-discuss at lists.opensource.org
>>
>> http://lists.opensource.org/mailman/listinfo/license-discuss_lists.opensource.org
>>
> _______________________________________________
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>
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