Re: [License-discuss] [License-review] in opposition of 'choice of law' provisions in FOSS licenses (was: For Approval: Open Logistics License v1.2)

2022-12-21 Thread David Woolley
On 21/12/2022 14:47, Patrice-Emmanuel Schmitz via License-discuss wrote: But in fact it is not true: when entering into force, new regulations (like, i.e., the GDPR) apply to all running contracts, regardless of their date of formation. In addition, in the the But isn't the GDPR closer to crimi

Re: [License-discuss] [License-review] in opposition of 'choice of law' provisions in FOSS licenses (was: For Approval: Open Logistics License v1.2)

2022-12-21 Thread Patrice-Emmanuel Schmitz via License-discuss
> David Wooley wrote: "Laws can change..". Indeed, but note that copyright law is quite remarkably stable. In EU, principles were fixed more than 30 years ago by the first Directive 1991/250/EEC on the legal protection of computer program. > David Wooley wrote that depending on when the contract

Re: [License-discuss] [License-review] in opposition of 'choice of law' provisions in FOSS licenses (was: For Approval: Open Logistics License v1.2)

2022-12-21 Thread David Woolley
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 fr

Re: [License-discuss] [License-review] in opposition of 'choice of law' provisions in FOSS licenses (was: For Approval: Open Logistics License v1.2)

2022-12-21 Thread Patrice-Emmanuel Schmitz via License-discuss
I must tell everyone having serious doubts about the utility of omitting (or banning !!!) choice of law clauses. Venue (the competent court) is something different and it could be anywhere indeed, i.e. in the defendant country, but a clear reference to applicable law looks important when the case r