[License-review] Approval of my own License,Misty Foundation License 1.7:
McCoy Smith
mccoy at lexpan.law
Mon Dec 22 16:01:38 UTC 2025
here's what a compare looks like.
There's mostly just a lot of just moving around language without
substantive change.
The only substantive changes I see are:
1. A statement that "obtaining, using or copying the Software"
constitutes acceptance of its terms. I'm not sure whether simply
"obtaining" can be something that triggers a contractual acceptance.
2. Defining Licensor, although only in the singular, as the creator, not
any subsequent modifiers/copyright holders. This makes the obligations
discriminatory as the prohibition of using the "Licensor"s name would
only apply to the original author, not any subsequent author. Same
applies to the disclaimers -- applies only to Licensor/original author,
not any subsequent author, so is discriminatory. Thus violates OSD 5.
As noted, the ellipsis is ambiguous and not correct or good legal
drafting. I think any future submission would need to indicate a legal
review has been done, and by whom, in view of this.
On 12/22/2025 6:23 AM, Carlo Piana via License-review wrote:
Pam, Misty,
this was also my immediate reaction. Why another MIT-style license [0],
the hundredth or so?
Also, even for someone who has not has not bothered reading the review
process requirements, a brief of introduction to oneself and a signature
of a real person representing the entity would probably be a modicum of
courtesy required in all kinds of communication, including this one.
The lack of quality in the licensing text itself is also apparent, never
mind the absolute lack of the necessary information accompanying the
submission.
EG, the grant says " distribute the Software …free of charge". One
wonders what's the ellipsis for, whether "free of charge" refers to the
distribution right, the entirety of rights or, conversely, the
permission. If it's a condition as in "distribute but only free of
charge", this would be an incompatible limitation with #1 (The license
shall not restrict any party from *selling* or giving away the software
[...]") and probably #6.
I would advise to withdraw the submission and reconsider the entire
process, and most of all please consider the option to adopt one of the
many similar already approved licenses, on non-proliferation grounds.
All the best,
Carlo, in his personal capacity.
[0] my personal AI-based license analysis tool gives 84% overlapping
with MIT; the non overlapping part is the one that probably would create
more problems.
------------------------------------------------------------------------
*Da: *"Pamela Chestek" <pamela at chesteklegal.com>
*A: *"license-review at lists.opensource.org"
<license-review at lists.opensource.org>
*Inviato: *Lunedì, 22 dicembre 2025 0:21:08
*Oggetto: *Re: [License-review] Approval of my own License,Misty
Foundation License 1.7:
Hi Misty Foundation,
You should read this page,
https://opensource.org/licenses/review-process, and submit the
license with the additional information as outlined on that
webpage. My quick take on it is that it a much poorer version of a
number of other licenses out there, so pay particular attention to
the request that a license submitter must "describe what gap not
filled by currently existing licenses that the new license will fill."
Even at a glance, this license is suboptimal. For starters, it
appears to have a typo at the end of the definition for "Software."
By today's standards the copyright grant doesn't have sufficiently
inclusive language and it also doesn't include a patent license
grant, which would be good to think about.
Pamela S. Chestek
Chestek Legal
4641 Post St.
Unit 4316
El Dorado Hills, CA 95762
+1 919-800-8033
pamela at chesteklegal
www.chesteklegal.com
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