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

Karl Fogel kfogel at red-bean.com
Sat Feb 2 23:45:01 UTC 2013

"Lawrence Rosen" <lrosen at rosenlaw.com> writes:
>Karl, unfortunately that isn't quite true. I'm not sure if we should call it
>an open source urban legend that arose in the early days of the GPL, but it
>is certainly a legal misconception. In every copyright license case that I'm
>aware of, in addition to any copyright issues, the court has analyzed the
>case as if the license was a contract between two parties. Warranties, in
>particular, are analyzed under contract law (or tort law). So are license
>You simply can't wish contract law away from FOSS. 

So, I have heard the opposite from other lawyers.  Since I'm not a
lawyer, I will merely point out that at least some lawyers I know seem
to disagree on this matter :-).

In any case, for the purposes of this discussion, I assume you would
agree that the no-warranty clause in open source licenses does not
preclude two parties signing a separate contract, just between
themselves, overriding that clause.

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