[License-review] Approval of my own License,Misty Foundation License 1.7:
Pamela Chestek
pamela at chesteklegal.com
Mon Dec 22 17:11:56 UTC 2025
On 12/22/2025 8:01 AM, McCoy Smith wrote:
> 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.
I disagree with this point in principle, although as implemented you may
be right. There will be multiple licensors for the software, which is
everyone who has made a copyrightable contribution. So this clause, if
properly implemented, would apply to everyone who made a contribution.
However, this license identifies the Licensor as anyone whose name is in
the copyright notice, not anyone who is a licensor of the software, so
if you don't add you name (which would be absurd for every contributor)
it discriminates against those who don't add their name. But query
whether that's a violation of OSD 5 if someone voluntarily elected not
to add their name to the copyright notice and thus doesn't invoke one of
the conditions of the license.
Pam
Pamela S. Chestek
Chestek Legal
4641 Post St.
Unit 4316
El Dorado Hills, CA 95762
+1 919-800-8033
pamela at chesteklegal.com
www.chesteklegal.com
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