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

Pamela Chestek pamela at chesteklegal.com
Wed Dec 14 17:05:34 UTC 2022


On 12/14/2022 4:36 AM, Carlo Piana wrote:
>
> ----- 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
>
>
>
Yes, it does, thanks very much.

Pam

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



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