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

[Andreas Nettsträter]

Dear Pam, dear Carlo,


the last bulletpoint of Article 4 was meant to implement an obligation to flow down the obligations of the other bulletpoints of Article 4; if the provision requires modification to make this clear, we can make the respective amendments.


How could we formulate it in a better way?

Regards
Andreas


Von: License-review <license-review-bounces at lists.opensource.org> Im Auftrag von Pamela Chestek
Gesendet: Mittwoch, 14. Dezember 2022 18:05
An: license-review at lists.opensource.org
Betreff: Re: [License-review] For Approval: Open Logistics License v1.2


On 12/14/2022 4:24 AM, Carlo Piana wrote:
On 12/5/2022 2:45 PM, Carlo Piana wrote:

You must ensure that the recipients of the Subject Matter of the License or

Derivative Works are obligated to incorporate the provisions of this Section 4

into any license under which they distribute the Subject Matter of the License

or Derivative Works to any other recipients.



This provision requires the "You" to a legal effect. As a general remark, this is an open ended obligation and IMVHO a bad design decision, since the legal effect depends on many different circumstances outside the control of the "You", including intent, capacity, errors, lack of proper form etc. You can surely include perform an obligation as a condition of the grant, but including a legal effect is to me really really seeking for trouble.


Carlo, I'm not following what you're saying. Are you saying that the Licensor has some liability if the user doesn't actually incorporate the provisions of Section 4 into their downstream license?

Sorry Pam, I have written poorly

I meant "This provision requires the "You" to **achieve** a legal effect." The obligation requires that *the recipients** be "obligated".  Here it is more of a guarantee, something that you are liable for and not necessarily control, so the risk  is on you whatever it happens.

Thanks, that's very helpful.

Pam

Pamela S. Chestek
Chestek Legal
PO Box 2492
Raleigh, NC 27602
pamela at chesteklegal.com<mailto:pamela at chesteklegal.com>
(919) 800-8033
www.chesteklegal.com<https://deu01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.chesteklegal.com%2F&data=05%7C01%7Candreas.nettstraeter%40openlogisticsfoundation.org%7Cf8d1c3a7b6c3497a1b2008daddf56a24%7Cb346d634acfb42c7bd44f1557ee89b1b%7C1%7C0%7C638066343365425048%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=mkOKR7GkzVnwxG4YgGLoaJWmhUlwqS0dOME0E81Qb9Y%3D&reserved=0>
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