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 -- license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3 -- license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3