Request for approval: EUPL (European Union Public Licence)

[John Cowan]

Schmitz, Patrice-Emmanuel scripsit:

> # 13 - paragraph 4
> 
> " LINGUISTIC VERSIONS OF THIS LICENCE, APPROVED BY THE EUROPEAN
> COMMISSION, HAVE IDENTICAL VALUE. PARTIES CAN TAKE ADVANTAGE OF THE
> LINGUISTIC VERSION OF THEIR CHOICE."
> 
> Rationale:         This new paragraph reflects the original intention of
> the European Commission when providing (currently) 22 linguistic
> versions of the EUPL. However, this was not yet written in the EUPL. It
> addresses questions like: "If Licensees contract under the EUPL based on
> its English version, can a Licensor restrict their rights based, for
> example, on the Hungarian version (in the case this one would be more
> restrictive)?"

This part disturbs me a little, since it seems to give Licensor and
Licensee equal rights.  If Licensor brings an enforcement action
based on the Hungarian version (which is more favorable to it) and
Licensee defends on the basis of the English version (which is more
favorable to it), what then?

I would break such ties in favor of Licensee, since the EUPL is a
contract of adhesion (that is, the Licensor does not negotiate
terms, but says "Take it or leave it") and therefore suggest
the wording:

LICENSEES CAN TAKE ADVANTAGE OF THE LINGUISTIC VERSION OF THEIR CHOICE.

-- 
What asininity could I have uttered     John Cowan <cowan at ccil.org>
that they applaud me thus?              http://www.ccil.org/~cowan
        --Phocion, Greek orator