[License-discuss] Evaluating the Enforceability of a License Should Not be a Criteria for OSI License Review

Bastien bzg at gnu.org
Mon Oct 9 14:53:45 UTC 2023


Patrick Schleizer via License-discuss
<license-discuss at lists.opensource.org> writes:

> Concerns regarding the enforceability of a license, especially across
> different jurisdictions, should not be a determinant in the approval
> or rejection of a license. 

+1 but with this caveat: we should distinguish between formal (or
legal) enforceability vs. practical enforceability.

Practical enforceability should not be a criteria for OSI License
Review.

Format enforceability should.  E.g. a license that would say "This
Work is considered public domain after X years" would not be legally
enforceable in France, where copyright holders cannot decide to put
something in the public domain.

But yes, if the spirit of the argument is to prevent _practical_
consideration to mix with fundamental principles, I fully agree.

-- 
 Bastien



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