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

[Carlo Piana]

----- Messaggio originale -----
> Da: "Pamela Chestek" <pamela at chesteklegal.com>
> A: "license-review at lists.opensource.org" <license-review at lists.opensource.org>
> Inviato: Lunedì, 12 dicembre 2022 3:25:32
> Oggetto: Re: [License-review] For Approval: Open Logistics License v1.2

> On 12/5/2022 2:45 PM, Carlo Piana wrote:
>> The choice to include a choice-of-law provision is really a no-go for me
>> personally. What if someone would change it from Germany to France? And someone
>> else to Japan? What would the applicable law be? Would it be possible or
>> impossible? In case it was impossible, you will have unnecessary friction (and
>> quasi-copyleft), in case it was possible, you will not be better off than
>> without a choice-of-law

> Someone recently persuaded me that a choice of law provision is
> beneficial to the extent it provides certainty. Without it, you have no
> idea what law might apply and therefore no way to evaluate the risk.
> 
> What do you mean by changing it? Within the same code base, so that some
> of it is under German law and some of it under Japanese law? Is that a
> higher risk problem than someone using a different license altogether?


I mean literally change the law from German to Ruritanian.

Suppose Carlo writes code under this license

Suppose Pam prefers Ruritania

Suppose Frank finds these two bits of code and since they are under the same license, he assumes they can be merged in a larger work. But can they? What would the applicable law?

That is.

Plus, I would never assume a choice of law in such an instrument is possible and rely on it anyway. It is possible to choose a law under many laws, but sometimes it is not. For instance, under EU law (it's unified under Rome I regulation) you can choose a law in contractual matters, but your choice cannot deprive consumers from their fundamental rights in their own jurisdiction.  And there are matters which are excluded too.

Other laws might prohibit, or make it subject to an express approval by the parties, while ex uno latere provisions are be excluded -- this was the Italian law when I was studying these matters, luckily the situation has improved.

So, if two parties from different countries agree on a contract, choosing a law is perfectly fine, I agree wholeheartedly with you, and I follow this advice. WRT public licenses, my opinion is radically the opposite. Not a matter of OSD compliance, anyhow, just a BTW.


I hope this clarifies.

Cheers

Carlo






> 
> Pam
> 
> Pamela S. Chestek
> Chestek Legal
> PO Box 2492
> Raleigh, NC 27602
> pamela at chesteklegal.com
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