[License-review] Approval of my own License,Misty Foundation License 1.7:
McCoy Smith
mccoy at lexpan.law
Mon Dec 22 17:17:49 UTC 2025
I'm referring to the parenthetical in the definition: ""Licensor" refers
to the copyright holder *(the creator of the Software)* listed above."
Maybe that means "anyone who created any part of the software" but it
could also be interpreted as "the original author."
Again, an example of unclear drafting that makes this license a worse
version of MIT.
On 12/22/2025 9:11 AM, Pamela Chestek wrote:
>
> 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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