> > > B) Copyrights of Modifications to be passed to Copyright Holder. > > > Found no mention of such a requirement in the OSL. > > > > The requirement that downstream licensees who modify the software > > assign their copyrights to the licensor is entirely > unacceptable. Why > > do you need that? The OSL is fully enforceable by the > licensor even > > if he doesn't own the copyrights. (This is not true for the GPL or > > LGPL!) > --> It was based on QPL, section 2. If it is utterly unacceptable > then how did the QPL ever get approved? If it hadn't > been approved > I never would have used it as a source of inspriation.
I'm confused. The QPL doesn't require that "copyrights of modifications be passed to copyright holder." Section 2 in the QPL? I still don't see it. > > Entirely up to you. But if you insist on your point B, above, I'll > > recommend disapproval of your license. I should also note that, > > although this is not legal advice nor intended to create an > > attorney-client relationship with you, I believe several > sections of > > your license are probably unenforceable and of dubious > legal effect. > > In particular, your claim that your license is not a > contract is legal > > hogwash. > --> This list has recently seen a heated debate over the very issue. > I know your point of view. Nevertheless, since so much debate > was spent on it, I thought it prudent to make it explicit. > Whether or not it is enforcible or hogwash or whatever will > - in the ultimate case - be decided by a judge of appropriate > jurisdiction. Which will be Dutch in my case, French for > Steve Lhomme's case. You may be right when it comes down > to American jurisdictions - you're undoubtedly way better > informed than either of us on that matter. But when it comes > to the Dutch or French case? And even if it is hogwash in > some jurisdictions, it is nobody's way and may help to make > things clear. Sorry, I regretted my use of the term "hogwash" as soon as I sent the email. I just strongly believe that no US judge will enforce anything other than copyright law terms in a copyright license; if the license is subject to contract law, however, then contract law terms can be enforced. What a court will do in Holland or France is a mystery to me. Do the judges there still wear wigs and speak in haughty accents? /Larry -- license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3
