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

[Josh Berkus]

On 10/7/23 22:25, Patrick Schleizer via License-discuss wrote:
> 
> Concerns regarding the enforceability of a license, especially across 
> different jurisdictions, should not be a determinant in the approval or 
> rejection of a license. Enforceability can vary significantly across 
> different regions due to the diverse legal landscapes, making it a less 
> consistent metric for license review. The issue lies in the fact that 
> enforceability is largely subjective and lacks an independent, quick 
> reproducible testing framework

Nothing else in the OSD includes an "independent, quick[ly] 
reproduceable testing framework".  Why should enforceability?

Nor can you separate enforceability from OSD evaluation.  If the license 
complies with the OSD only by means of legal text that is unenforceable 
in a majority of the world, then it doesn't comply with the OSD.  The 
author's intent doesn't matter if they weren't successful.

We also regularly have licenses submitted that aren't written with legal 
advice and are so poorly drafted that they would not be enforceable 
anywhere at all.  Do you really think that the OSI should approve these?

-- 
Josh Berkus