[License-review] For Approval: Open Logistics License v1.2

[Pamela Chestek]

On 12/12/2022 2:01 PM, Mike Milinkovich wrote:
> Pam,
>
> Just to pipe in as a practitioner, not a lawyer. One of the major 
> differences between EPL-1.0 and EPL-2.0 was the removal of the 
> license's choice of law provision. We spent something like 15 years 
> arguing that the certainty provided by the choice of law provision was 
> valuable. I don't remember winning that argument once in all that 
> time. In my experience, both adopters and contributors viewed the 
> choice of law as a negative.
>
> I would also add that if you sort open source licenses by usage you 
> will find that something like 95%++ of all free and open source 
> software is currently made available under licenses which do not have 
> a choice of law provision. So as a purely practical matter I consider 
> this debate settled in favor of do not have a choice of law provision.
>
I don't disagree that it seems disfavored, but I was curious why, 
especially after someone challenged me and I didn't have a good answer. 
And the reason seems to still be ... just because?

Pam

Pamela S. Chestek
Chestek Legal
PO Box 2492
Raleigh, NC 27602
pamela at chesteklegal.com
(919) 800-8033
www.chesteklegal.com