[License-review] request for review of the 3D Slicer License

[Eric Schultz]

Larry,

I'm of the opinion that the AFL is not OSD compliant then.

The issue isn't whether the user is legally required to comply with various
laws but whether the licensor has an infringement claim against the user if
they don't comply with applicable laws. The OSD precludes licenses from
making such a claim possible.

I'm honestly surprised this is even a discussion, this seems pretty
fundamental to the rights provided by the OSD and the free software
definition.

Eric

On Tue, Jun 8, 2021 at 12:44 PM Lawrence Rosen <lrosen at rosenlaw.com> wrote:

> Pam Chestek wrote:
>
> I agree that the sentence "You further agree to use, reproduce, make
> derivative works of, display and distribute the Software in compliance with
> all applicable governmental laws, regulations and orders, including without
> limitation those relating to export and import control" is a field of use
> restriction that we have found unacceptable in the past.
>
>
>
> I don’t agree with this. A requirement to obey “applicable” laws is
> mandatory for every licensor or licensee who wants to stay out of jail. The
> government will (may!) enforce this provision. Here is AFL 3.0, section 15:
>
>
>
> 15) *Right to Use.* You may use the Original Work in all ways not
> otherwise restricted or conditioned by this License or by law, and Licensor
> promises not to interfere with or be responsible for such uses by You.
>
>
>
> /Larry
>
>
>
>
>
> -----Original Message-----
> From: License-review <license-review-bounces at lists.opensource.org> On
> Behalf Of Pamela Chestek
> Sent: Monday, June 7, 2021 9:45 PM
> To: license-review at lists.opensource.org
> Subject: Re: [License-review] request for review of the 3D Slicer License
>
>
>
> On 6/1/2021 1:30 AM, Josh Berkus wrote:
>
> > On 5/30/21 2:25 PM, Thorsten Glaser wrote:
>
> >>> If section B was pulled out, I would recommend that this clause
>
> >>> should not be an agreement but simply inform the user that such
>
> >>> obligations may exist.
>
> >> Oh, good catch! IIRC we have precedence of not allowing such language
>
> >> considering laws differ between places and may change, and because it
>
> >> doesn’t belong into a licence anyway.
>
> >
>
> > ... also because, given a lot of the crazy laws out there, it may be
>
> > impossible to be in compliance with all such laws.
>
> >
>
> I agree that the sentence "You further agree to use, reproduce, make
> derivative works of, display and distribute the Software in compliance with
> all applicable governmental laws, regulations and orders, including without
> limitation those relating to export and import control" is a field of use
> restriction that we have found unacceptable in the past.
>
>
>
> Pam
>
>
>
> Pamela S. Chestek
>
> Chestek Legal
>
> PO Box 2492
>
> Raleigh, NC 27602
>
> pamela at chesteklegal.com
>
> +1 919-800-8033
>
>
>
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>
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-- 
Eric Schultz, Developer and FOSS Advocate
wwahammy.com
eric at wwahammy.com
@wwahammy
Pronouns: He/his/him
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