On 10/7/23 22:25, Patrick Schleizer via License-discuss wrote:
Concerns regarding the enforceability of a license, especially across different jurisdictions, should not be a determinant in the approval or rejection of a license. Enforceability can vary significantly across different regions due to the diverse legal landscapes, making it a less consistent metric for license review. The issue lies in the fact that enforceability is largely subjective and lacks an independent, quick reproducible testing framework
Nothing else in the OSD includes an "independent, quick[ly] reproduceable testing framework". Why should enforceability?
Nor can you separate enforceability from OSD evaluation. If the license complies with the OSD only by means of legal text that is unenforceable in a majority of the world, then it doesn't comply with the OSD. The author's intent doesn't matter if they weren't successful.
We also regularly have licenses submitted that aren't written with legal advice and are so poorly drafted that they would not be enforceable anywhere at all. Do you really think that the OSI should approve these?
-- Josh Berkus _______________________________________________ The opinions expressed in this email are those of the sender and not necessarily those of the Open Source Initiative. Official statements by the Open Source Initiative will be sent from an opensource.org email address. License-discuss mailing list License-discuss@lists.opensource.org http://lists.opensource.org/mailman/listinfo/license-discuss_lists.opensource.org
