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

Russ Nelson nelson at
Mon Mar 17 22:38:27 UTC 2008

John Cowan writes:
 > 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.

If that were *strictly* true, then it would be impossible to resolve
any conflicts in contract interpretation, not by arbitration, not by
lawsuit, not by single combat.  Yet these conflicts are resolved all
the time.  Agreeing to agree, on the other hand, seems like a perfect
source of conflict.

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