[License-review] For Approval: Convertible Free Software License, Version 1.1 (C-FSL v1.1)

[Elmar Stellnberger]

On 10/15/18 12:37 PM, Simon Phipps wrote:
> Just to update the list on the status of this review request following 
> the Board meeting last week. Since the discussion is still in progress, 
> and since there are so many comments indicating problems -- including 
> drafting issues and multiple conflicts with the OSD -- that have so far 
> not been addressed in a revised version, the Board has postponed any 
> decision on this license for another month.
> 
> For the avoidance of doubt, no license is OSI Approved until the Board 
> has stated that it is so. Submission for review does not in any way 
> imply pending approval.
> 
> S.


*** drafting issues

I have heard a lot of arguing about the style of the text (Bruce Perens: 
the language construction is sometimes vague and contradictory) but I 
have actually heard little about precise issues of the text. The only I 
can remember at the moment is from Brendan Hickley:

>> If any of the original authors comes from Europe
>> it is an option to apply European law.
>
> Here's an example of ambiguity in this license. What do you mean by
> "come from" and "hometown"? I hold two passports. I've lived in a
> number of places. Does this entitle me to apply English law? Does my
> place of birth dictate the jurisdiction regardless of where I live?
> Choice of law isn't necessarily bad, but this particular
> implementation is problematic and is indicative of flaws throughout.

I can not remember this being part of the license: The license in deed says:

10. This license is either governed by the Laws of Austria or by the 
laws of the country where the first mentioned original author lives or 
is a resident.

It would have been a question to which text Brendan Hickley was 
referring to.

Bruce Perens:
> "you need to leave your name" is not the sort of legal language that
> we could ever count on a judge parsing correctly.

I don`t really get the point here since the license details in the 
following what is meant by "leave your name"

... leave your name, your email address and the date of your 
modifications so that other people may contact you.

... We suggest to list all changes by contributors either in a separate 
changelog file or in the header of the changed file. ...



**** multiple conflicts with the OSD

I would be happy if someone could state any additional OSD conflict if 
it goes beyond the mere fact whether it should be allowed to have an 
implicit contributor license agreeement that allows the original 
contributors/ authors to re-publish the work under a different license 
(see OSD #5).