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

[Love Nystrom]

Hi Hadrien,

Why ?  For your own good.
With your phrasing, you can be held accountable for flaws by Mr X from 
country Y
without having any previous knowledge of your accountability.
That's why the AND. Then Mr X will have to contact you in advance and 
notify you that country Y
has a law BLAH BLAH that can hold you accountable, and you have the 
option to decline.

I understand your want to be able to accept further accountability by 
explicit agreement,
so for both sets of conditions to be valid you'll need some further 
rephrasing.

Just my penny to the pot.
WBR // Love

(PS. I'm not speaking for OSI, I'm not with that organisation, just 
expressing a point of view.)


On 2013-01-31 03.07, Hadrien G. wrote:
> Hello,
>
> If I get it right, that would change the meaning quite significantly, 
> going from "country-specific laws or mutually agreed warranty 
> contracts can bypass this disclaimer" to "only a combination of 
> country law and warranty contracts can make the author liable for 
> software flaws". Which effectively translates to "only country law can 
> make the author liable for software flaws", since software licenses do 
> not override the software author's legal responsibilities anyway.
>
> Why would you prefer it the latter way ?
>
> Hadrien
>
> Le 30/01/2013 14:40, Love Nystrom a écrit :
>> Hello Hadrien,
>>
>> I would suggest you rephrase the disclaimer slightly, and and change 
>> some ORs to ANDs:
>> UNLESS REQUIRED BY APPLICABLE LAW _AND_ AGREED TO IN WRITING...
>>
>> Just my penny to the pot.
>>
>> WBR // Love
>>
>>
>> On 2013-01-30 15.12, Hadrien G. wrote:
>> ..abbreviated..
>>> **************************************************
>>> ***    Modular Open Software License (MOSL)    ***
>>> ***      Working Draft 3, 30 January 2013      ***
>>> ***  Copyright (c) 2012-2013 Hadrien Grasland  ***
>>> **************************************************
>>>
>>> Redistribution and use of this software, or modified forms of it, 
>>> are permitted provided that the following conditions are met:
>>>
>>> * Redistributions of source code must retain this list of 
>>> conditions, the above copyright notice, and the following disclaimer.
>>> * Redistributions in binary form must include a copy of this list of 
>>> conditions, the above copyright notice, and the following 
>>> disclaimer, whether in documentation or in other provided materials.
>>> * Redistributions in any form must be accompanied by information on 
>>> how to obtain complete source code for this software, and any 
>>> accompanying software that makes use of it. Source code must either 
>>> be included in the distribution, or be available for no more than 
>>> the cost of its distribution. For an executable file, complete 
>>> source code means the source code for all modules it contains, save 
>>> for modules or files that are typically provided with the operating 
>>> system on which the executable file runs.
>>>
>>> UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING, THIS 
>>> SOFTWARE IS PROVIDED "AS IS", WITHOUT ANY EXPRESS OR IMPLIED 
>>> WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF 
>>> NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR 
>>> PURPOSE. IN NO EVENT SHALL THE AUTHORS OF THE SOFTWARE BE LIABLE, 
>>> AGAIN UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING, FOR 
>>> ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR 
>>> CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF 
>>> LIABILITY, ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN 
>>> IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
>>>
>>> ===
>>>
>>> Best regards,
>>> Neolander
>>
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