[License-review] The Vaccine License
herr.alter at gmail.com
Sat Nov 2 14:37:16 UTC 2019
A covenant/promise to the extent that you able to do so, under the
direction and care of a Medical Doctor, to elect to administer yourself and
all legal minors to whom you are parent or guardian all vaccines
recommended by your Local Vaccination Recommendations which are appropriate
for the patient’s medical condition is a valid consideration in exchange of
grant of rights.
This is not a condition (precedent) though. And it would not make much
sense to make it a condition precedent because licensor wants to impose an
ongoing duty to perform; not just preceding but rather subsequent to the
grant of rights...
Am Mi., 30. Okt. 2019 um 23:47 Uhr schrieb Bruce Perens via License-review <
license-review at lists.opensource.org>:
> On Tue, Oct 29, 2019 at 8:35 PM Grahame Grieve <
> grahame at healthintersections.com.au> wrote:
> > I was bothered by the lack of ethics implied in the outcome.
> There is only the fact that *you *are not able to impose *your idea of
> ethics* upon others. In general, good societies *do not give that power
> to individuals. *Instead, they express it *collectively, *as when a court
> reaches a verdict and the associated government enforces it.
> So, you can see why I place my emphasis on law, rather than license terms.
> > It seems to me that even if the condition is unenforceable, that doesn't
> mean it has zero value as a statement.
> Statements are fine, but belong in other places than a license. The
> purpose of a license is to be parsed by a judge, in a court. Consider it a
> sort of legal program. Adding things that to your text that will require
> lots of expensive legal argument to execute, or that do not work as
> expected by the legally-naive programmer, is a disservice to the Open
> Source developer.
> I speak from knowledge. I ran up over half a Million in legal bills
> defending myself in a relatively simple case. I don't want to cause this
> for other people!
> Would they? Some one gives something of value away, on the condition it
>> not be used in a particular way? Is there precedent on this?
> Yes. It's called "copyright misuse", and the lawyers here can expound on
> that topic better than I.
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