[License-review] License-review Digest, Vol 95, Issue 7

McCoy Smith mccoy at lexpan.law
Fri Oct 16 18:20:56 UTC 2020


From: License-review <license-review-bounces at lists.opensource.org> On Behalf Of Alex Williams
Sent: Friday, October 16, 2020 8:26 AM
To: license-review at lists.opensource.org
Subject: Re: [License-review] License-review Digest, Vol 95, Issue 7


Would this intention be permissible within OSIs definition of open source?  If so, do you believe I should add clarifying language such as:
Fraudulent use does not terminate your license.  However, no legal remedies for IP infringement are waived for fraudulent use.


Given there exist already plenty of legal remedies (both civil, and criminal) for fraud, which for the most part are more punitive than those for IP infringement, I’d suggest maybe this is not something you want to keep in your license (particularly since it does raise issues with OSD conformance). It’s a bit like saying “if you use this software for murder, I’ll sue you for copyright infringement!”

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