<div dir="ltr"><div dir="ltr"><br></div><br><div class="gmail_quote"><div dir="ltr" class="gmail_attr">On Thu, Aug 22, 2019 at 3:42 PM Josh Berkus <<a href="mailto:josh@berkus.org">josh@berkus.org</a>> wrote:<br></div><blockquote class="gmail_quote" style="margin:0px 0px 0px 0.8ex;border-left:1px solid rgb(204,204,204);padding-left:1ex">On 8/22/19 3:29 PM, Bruce Perens wrote:<br>
> This is a contractually-required performance requirement which attempts<br>
> to synthesize a data right which does not actually exist in the local<br>
> jurisdiction. And thus it is the same as every approach to OSI with a<br>
> license that attempts to enforce something that might properly be a law,<br>
> but isn't, so we'll try to make it a license term instead.<br>
<br>
I have no opinion on whether something is legally enforceable; I leave<br>
that to the lawyers.<br></blockquote><div><br></div><div>Sorry, I did not pose this as an argument about whether the term could be enforced. The point is that something like data rights would more properly be made a law. In fact, I hear they made it one in Europe. But it's not a law everywhere, so we will try to create our own law through our license terms and make it one that way.</div><div><br></div><div>And I submit that we've seen people try to make their own law that way many times, and we have generally rejected the license for doing so.</div><div><br></div><blockquote class="gmail_quote" style="margin:0px 0px 0px 0.8ex;border-left:1px solid rgb(204,204,204);padding-left:1ex">
Your invokation of OSD#6 on this was *definitely* a statement that one party's rights are more important than another's.</blockquote><div><br></div><div>Not at all. The <i>effect </i>of interpretation of any rule or law may happen to advantage one party over another. But the determination must always be made by evaluating the rule or law, not the importance of one party in the dispute versus the other. I would imagine that is a fundamental of jurisprudence, although I would not be one to take on such airs as to call this jurisprudence.</div><div><br></div><div> Thanks</div><div><br></div><div> Bruce</div></div></div>