[Tina Gasperson/snip]
Through a check of the archives of this list, I learned that the CPL is
simply the IPL with all references to IBM removed. I also noticed
that IBM infers the CPL is approved by the OSI as well
(http://oss.software.ibm.com/developerworks/opensource/index.html - see top
I am in communication with IBM to find out more information about the Common
Public License version 0.5. I know that the IBM Public License is approved by
OSI as an Open Source license. Is the Common Public License that IBM is using
for at least one of its OSS projects, under consideration
On Wednesday 23 May 2001 8:40 pm, Ravicher, Daniel B. wrote:
Michael,
The clause only says which law applies, it doesn't limit where cases can be
held. It is not uncommon for courts in , say California, to decide a case
under New York law. Lastly, the enforceability of such governing law
phil hunt scripsit:
What if a case is held outside the USA, for example in England?
Is an English court likely to use US law? Surely it would prefer to use
English law?
No, an English court will use U.S. law or for that matter Taiwanese law
if their own choice-of-law rules say to do so.
-Original Message-
From: John Cowan [mailto:[EMAIL PROTECTED]]
Ravicher, Daniel B. wrote:
What is known about the enforceability of attempts to opt out of
conflicts rules, as most contracts seem to do these days?
I believe many countries have a system whereby if a contract is
From: John Cowan [mailto:[EMAIL PROTECTED]]
What is known about the enforceability of attempts to opt out of
conflicts rules, as most contracts seem to do these days?
The provision in the CPL is curious because although it seems
straightforward enough, it may actually be unclear. By that I
Ravicher, Daniel B. wrote:
So, let's say that you sue in CA over the CPL. The CA ct reads it and does
CA Choice of Law rules analysis. Assume CA ct decides to follow the CPL and
use NY law. The CA ct then looks at NY's Choice of Law rules. It's
possible that NY's Choice of Law rules may
We have noticed that the common public license states:
This Agreement is governed by the laws of the State of New York
and the intellectual property laws of the United States of America.
No party to this Agreement will bring a legal action under this
Agreement more than one year
]
Subject: Common Public License
We have noticed that the common public license states:
This Agreement is governed by the laws of the State of New York
and the intellectual property laws of the United States of America.
No party to this Agreement will bring a legal action under
Ravicher, Daniel B. wrote:
Lastly, the enforceability of such governing law
provisions depends upon the Choice of Law rules of the particular
jurisdiction where litigation is filed.
What is known about the enforceability of attempts to opt out of
conflicts rules, as most contracts seem to
There was a bit of discussion on the CPL previously :
http://www.mail-archive.com/cgi-bin/htsearch?method=andformat=shortconfig=license-discuss_opensource_orgwords=Common+Public+License
from
http://www.mail-archive.com/license-discuss@opensource.org/msg02732.html
On Fri, 2 Mar 2001, Steve
I'm asking for review and approval of the Common Public License. It can be
found here:
http://oss.software.ibm.com/developerworks/opensource/license-cpl.html?dwzone=opensource
It is very similar to the IBM Public License with the same terms and
conditions.
The key difference is the removal
Steve Gerdt wrote:
I'm asking for review and approval of the Common Public License. It can
be found here:
http://oss.software.ibm.com/developerworks/opensource/license-cpl.html?dwzone=opensource
Disclaimer: IANAL. But you have lots of them.
This sentence from section 7, paragraph 2
then I am
puzzled why they would submit this one.
Rod
- Original Message -
From: [EMAIL PROTECTED]
To: [EMAIL PROTECTED]
Sent: Tuesday, January 23, 2001 2:49 PM
Subject: Common Public License (IBM)
Hi everyone,
I'm a software developer at IBM, working on a project that we expect
NY 10019
p. 212.315.8032
f. 212.586.7878
e. [EMAIL PROTECTED]
w. www.brobeck.com
-Original Message-
From: Carter Bullard [mailto:[EMAIL PROTECTED]]
Sent: Thursday, January 25, 2001 1:44 PM
To: [EMAIL PROTECTED]
Subject: Common Public License (IBM) Patent License Clause 2(b)
Gentle people,
Hi everyone,
I'm a software developer at IBM, working on a project that we expect to
release as Open Source/Free Software. I voted for the GPL, but the higher
ups here at IBM have decided it should be released under a new
license called the "Common Public License". This license is
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