[License-review] Sovereign Immunity

Lawrence Rosen lrosen at rosenlaw.com
Fri Sep 18 01:11:55 UTC 2015


Section 1983 is a big kettle of fish. [1]  42 U.S.C. 1983 is a civil rights law, a part of the Public Health and Welfare Act. I'm sure that statute has lots to do with voting discrimination, but it may be hard to apply it to software licenses.

42 U.S.C. 1981 ["Equal rights under the law"] might be more relevant. It allows all persons the same rights as whites to make and enforce contracts. Contracts, not mere copyright licenses!  :-)

I don't think anything in Title 42 will influence OSI's license reviews.


[1] The document you referenced said "In fact, it's such an important law that entire books have been written about it."

-----Original Message-----
From: Rick Moen [mailto:rick at linuxmafia.com] 
Sent: Thursday, September 17, 2015 4:13 PM
To: license-review at opensource.org
Subject: Re: [License-review] Sovereign Immunity

Quoting Lawrence Rosen (lrosen at rosenlaw.com):

> More than you ever wanted to know about sovereign immunity. /Larry
> http://federalpracticemanual.org/node/47

All you might wish to know about the _limits_ of sovereign immunity in the USA legal context:  http://www.shouselaw.com/1983.html  

(I just now had occasion to look that up relative to a certain issue in Irving, Texas, so I had the link open.)

Cheers,                  In time of crisis, people do not rise to the occasion;
Rick Moen                they default to the level of their training.
rick at linuxmafia.com
McQ! (4x80)
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