Request for approval: EUPL (European Union Public Licence)
Bruce Perens
bruce at perens.com
Mon Mar 17 16:41:49 UTC 2008
Schmitz, Patrice-Emmanuel wrote:
> I hope that you will not add an 11th. "fordian" condition to OSD
No. But my concern is that choice-of-law provisions are meant to make
things clear but often have the opposite effect. My company has provided
service to an EU project (the European Internet Accessibility
Observatory, just concluded) for the past three years. Our customer is a
university in Norway (not in the EU, but it is leader of a team of
universities working on an EU grant), I am in the U.S. Universities in
other nations are involved. The provision as it exists just adds Belgian
law to an already large mix.
Can you explain your relationship to IDABC, please?
I think that some language about future changes being required not to
reduce rights would be acceptable.
The word "reasonable" has been much abused in the context of IPR policy:
most notably in the "reasonable and non-discriminatory" IPR licensing
policy of some standards organizations, where they never define what is
reasonable or non-discriminatory and thus leave the door open for any
amount of unreasonableness and discrimination, particularly against Open
Source.
Regarding the address: if it is required in some places and not others,
the text should say something generic about compliance with information
required by law without having it mention specific requirements such as
the address.
Note that a FAQ is not part of the license, a court would probably not
consider language in a FAQ to be binding.
Thanks
Bruce
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