[License-review] Request for Approval : Modular Open Software License (MOSL)

[John Cowan]

Hadrien G. scripsit:

> SHOULD APPLICABLE LAWS HOLD THE AUTHORS OF THE SOFTWARE LIABLE UNDER
> SPECIFIC CIRCUMSTANCES, LICENSEES MUST EITHER VOW INDEMNITY FROM
> SUCH RIGHTS, OR OBTAIN WRITTEN AGREEMENT TO PROVIDE SUCH SUPPORT
> FROM THE AUTHORS OF THE SOFTWARE BEFORE THEY USE THE SOFTWARE."

If you can't waive liability, you can't waive it.  This end-run around
users' legal rights is IMO very unlikely to stand up in court, given the
usual interpretations of contracts of adhesion (those which are written
solely by one party and offered on a "take it or leave it" basis).
When you offer a product for others to use, you take your chances with
the legal system.

Anyway, I myself would not touch a product with such a non-standard
license clause.

-- 
What is the sound of Perl?  Is it not the       John Cowan
sound of a [Ww]all that people have stopped     cowan at ccil.org
banging their head against?  --Larry            http://www.ccil.org/~cowan