Subject: Re: LAB Public License proposal
From: "Rod Dixon, J.D., LL.M." <rdixon@cyberspaces.org>
Date: Wed, 17 Mar 2004 21:31:01 -0500

I do not see an OSD issue for here. Consequently, I recommend approval of
the CUA Office Public License.  This license does raise interesting
questions about what appears to be a choice of law matter. I am not sure why
French law is presenting the problem the poster says it does, but software
distributed on the Internet seems capable of a simpler solution than
drafting licenses in the manner proposed by the current draft of the CUA
Office Public License.   After acknowledging the intentions of the drafter
of the CUA Office Public License, sections 4, 10, 11, and 12 seem oddly
worded. For example, it is difficult to unravel the meaning of this phrase
from section 12: "This LICENSE shall be governed by French law provisions
(except to the extent applicable law, if any, provides otherwise), excluding
its conflict-of-law provisions"

Except when?

In addition, there are terms in this license that were borrowed from the
previous license; some of these terms add a layer of confusion to the
poster's license - - or, perhaps, the terms should be dropped from the
original license as well.  At any rate, sections 4, 10, 11, and 12 should be
reviewed to eliminate terms that do not meaningfully add to the drafter's
intent. This license should be easier to read than it is now.  Since I am
not providing legal advice, I cannot be more specific.  You would benefit
from having your legal counsel review the terms of this license before
finalizing the draft.

 - Rod

Rod Dixon
Open Source Software Law
Blog: http://opensource.cyberspaces.org






Le lundi 15 Mars 2004 21:35, Rod Dixon, J.D., LL.M. a écrit :
> It might help if you highlighted the changes (using color text or bold
> facing). Is your explanation as to why you have declined to adopt the CUA
> Office Public License limited to the desire to "comply" with regulations
in
> three jurisdictions? Would you be more specific?
>
> Rod

A highlighted version is on line at
http://www.lab-project.net/tests_priv/liclab-annotated.html
for review.

One of the reson we had to change some things from CUA Office Public License
have to do with French laws imposing some legal mentions on all contractual
papers or forms. We had to introduce a section for French Government End
Users.

In final, CUA Office Public License is great, only missing non USA specific
legal information. This license only fills the gap.

-- 
JCR
aka DJ Anubis
LAB Project Initiator & coordinator
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