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
nitial downloading date is not especially relevant. Le mer. 21 déc. 2022 à 12:35, David Woolley a écrit : > 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 t

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

Re: [License-discuss] OSI as guarantor for "or later" *GPL clauses

2021-09-08 Thread Patrice-Emmanuel Schmitz via License-discuss
Yes the idea is interesting. So you avoid giving a "blank check" to the FSF by giving another to OSI... I assume that both organisations are safe :-) For its EUPL compatibility, the European Commission avoided references to external entities by specifying: " later versions of the licence as long as

Re: [License-discuss] Google v. Oracle

2021-04-29 Thread Patrice-Emmanuel Schmitz via License-discuss
Just a candid question from someone that has not closely followed the case. The case moved from patent infringement (original claim in 2010) to copyright infringement: 1) are API copyrightable 2) was their use fair or not? The second question only was answered by the Supreme Court. Did someone che

Re: [License-discuss] OSI definition

2021-01-18 Thread Patrice-Emmanuel Schmitz via License-discuss
There is, of course, a contradiction with OSD "non-discrimination" principles here, but, as a - very occasional - License Discuss contributor, I would like to highlight another point that is present in a lot of contributions (and could be submitted as a question to nearly all license steward candid

Re: [License-discuss] [License-review] Copyright on APIs

2019-06-30 Thread Patrice-Emmanuel Schmitz via License-discuss
in a way which prejudices the legitimate interests of the rightholder or which conflicts with a normal exploitation of the program. Le dim. 30 juin 2019 à 00:26, Bruce Perens a écrit : > Is this a doctrine, or explicit law? > > On Sat, Jun 29, 2019, 13:59 Patrice-Emmanuel Schmitz via L

Re: [License-discuss] [License-review] Copyright on APIs

2019-06-29 Thread Patrice-Emmanuel Schmitz via License-discuss
As far the European law could be applicable, I just confirm that, for the purpose of interoperability between several components and when you are the legitimate owner or the legitimate licensee of these components, there is a copyright exception regarding their APIs. APIs escape to copyright , mean

Re: [License-discuss] OSL and GPLv3

2019-06-18 Thread Patrice-Emmanuel Schmitz via License-discuss
;utm_campaign=emails-signatures> > > Antoine Thomas aka ttoine > > Developer Advocate > > t: +33 (0)6 63 13 79 06 > > antoine.tho...@prestashop.com > > > > > On Tue, 18 Jun 2019 at 13:53, Patrice-Emmanuel Schmitz via License-discuss > wrote: > >>

Re: [License-discuss] OSL and GPLv3

2019-06-18 Thread Patrice-Emmanuel Schmitz via License-discuss
Dear Antoine, It seems related to the question: how far is your project (that would be globally licensed under OSL) a derivative of the GPL-3.0 code, or not? It is also related to your legal framework, in so far the various codes are more or less closely linked. The European legal framework conside