[License-review] Request for Approval : Modular Open Software License (MOSL)

Karl Fogel kfogel at red-bean.com
Sat Feb 2 22:25:50 UTC 2013


"Hadrien G." <knights_of_ni at gmx.com> writes:
>"UNLESS AGREED TO IN WRITING, THIS SOFTWARE IS PROVIDED "AS IS",
>WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED

People can always agree to a warranty in a separate contract -- that's
what the "agreed to in writing" here would mean in any case.  

In a copyright license, there's no point having language about written
agreements between two specific parties.  That would be an actual
contract -- and of course the licensor is always free to negotiate a
contract with any particular licensee.  The copyright license itself is
not a contract; it's a promise not to sue for copyright infringement
provided certain conditions are met.

I'm not a lawyer; the above is merely my understanding of the
no-warranty clause in open source licenses.



More information about the License-review mailing list