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

[Carlo Piana]

----- Messaggio originale -----
> Da: "Thorsten Glaser" <tg at mirbsd.de>
> A: "License submissions for OSI review" <license-review at lists.opensource.org>
> Inviato: Lunedì, 12 dicembre 2022 3:46:12
> Oggetto: Re: [License-review] For Approval: Open Logistics License v1.2

> Pamela Chestek dixit:

[...]
> 
> This is something that will appeal to companies. However, in
> general business with end users, consumer protection normally
> says that the law to be used is that of the end user, if it’s
> not B2B anyway. Isn’t this kinda the same with the licences?
> Whom does OSI wish to protect more, considering both sides may
> be either private individuals or big companies… (no weighing
> from my side, just providing food for thought).


Thorsten, 

Something to that effect is in my previous reply to Pam, sorry I am trying to catch up from the bottom.

> 
> And isn’t the Berne Convention already making the country of
> the *recipient* of the licence the binding one anyway? AIUI,
> it states that a work from country A does receive the same
> protections in country B as a native B’s work enjoys. So, for
> licences (as opposed to business contracts), this probably is
> already specified?

This might be a misconception, as the Berne Convention provides (or rather should I say attempts to provide) a rule for the applicable law(s) for what concerns copyright and its legal effects.

I totally unconvinced that Berne covers a license. 

My point is that choice-of-law provisions are a very delicate area when it comes to a public license. See my other comments. Not an original thought, Eben Moglen has held this for ages before I even knew Free and Open Source Software was a thing.

Cheers

Carlo


> 
> Still IANAL, but I probably should goto bed;
> //mirabilos
> --
>  “Having a smoking section in a restaurant is like having
>          a peeing section in a swimming pool.”
>						-- Edward Burr
> 
> _______________________________________________
> The opinions expressed in this email are those of the sender and not necessarily
> those of the Open Source Initiative. Communication from the Open Source
> Initiative will be sent from an opensource.org email address.
> 
> License-review mailing list
> License-review at lists.opensource.org
> http://lists.opensource.org/mailman/listinfo/license-review_lists.opensource.org