On 21/12/2022 10:50, Patrice-Emmanuel Schmitz via License-discuss wrote:
So any idea of banning choice of law clauses will raise serious issues, at least in the EU.
Laws can change. I wonder if, if choice of law is allowed, whether there should be a requirement to specify the point in time from which those laws should be drawn.
I don't know what the default is, but I suspect it might be the contract date. Whether contracts exist at all in the supply of Open Source, is an open question, but if they do, I'd suggest that the contract isn't formed by when the software is released, but when it is downloaded, etc., meaning that a later recipient may have different laws applied.
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