Request for approval: EUPL (European Union Public Licence) Questions

John Cowan cowan at
Mon Mar 17 22:30:13 UTC 2008

Russ Nelson scripsit:

> It doesn't matter at all that the EUPL steward only intends to make
> reasonable changes.  The problem is that the licensor is agreeing to
> agree with whatever changes the EUPL makes.  My understanding of the
> law says that that is not an enforcible provision of a contract.  You
> can't agree to agree -- you have to agree.  If you don't agree at the
> time, then there's no meeting of the minds, and no contract.

If that were true, it would be impossible to have clauses in contracts
that submit the contracting parties to binding arbitration.  In that
case, a contract drafted by A and agreed to by B requires B to agree to
be bound not only by A's terms but by C's future interpretations of them.
Yet it's done all the time.

They do not preach                              John Cowan
  that their God will rouse them                cowan at
    A little before the nuts work loose.
They do not teach
  that His Pity allows them                         --Rudyard Kipling,
    to drop their job when they damn-well choose.   "The Sons of Martha"

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