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@mariskus@social.linux.pizzaQuestion about #opensource #licenses, after a friend read through them, she's noticed they were written with intention for law based on common-law (anglo countries). Are open source licenses still valid and defensible in countries like the Netherlands for example? Or how does this work?
![Bluesky post from Julia, with handle @juliawritescode.bsky.social
Post reads:
I just had a pretty scary realization: most open-source licenses are written with Common Law in mind. In Red’s license, I explicitly disclaim “all warranties with regard to [the] software,” but you can’t do that in The Netherlands if I’m reading things right. Fuck.](https://cdn.social.linux.pizza/system/media_attachments/files/110/686/256/747/205/918/original/5fe35f137e54f430.jpg "Bluesky post from Julia, with handle @juliawritescode.bsky.social
Post reads:
I just had a pretty scary realization: most open-source licenses are written with Common Law in mind. In Red’s license, I explicitly disclaim “all warranties with regard to [the] software,” but you can’t do that in The Netherlands if I’m reading things right. Fuck.")
But uh, yeah that might just be right. For instance, in Spain (which also is based on French civil law) it seems both warranty of title and consumer warranty cannot be foregone, and this is apparently the same across the EU ‒ first, it is assumed that by providing a license you're legally allowed to give that code (hence warranty of title is inherent), and then consumer protection laws here seem to require you to have contractual obligations towards someone considered to be a customer: https://openaccess.uoc.edu/bitstream/10609/229/5/Aspectos%20legales%20y%20de%20explotaci%C3%B3n%20del%20software%20libre_M%C3%B3dulo4_Las%20licencias%20de%20software%20%28I%29.pdf (page 30)
I feel like talking to a lawyer about this now tbh
@mariskus Although I feel like this should help you feel at ease: here’s the European Union Public License, compatible with e.g. the (L)GPL, Mozilla and Eclipse licenses https://joinup.ec.europa.eu/sites/default/files/custom-page/attachment/2020-03/EUPL-1.2%20EN.txt
Observe that the user is treated as a “Licensee”, not a customer. Furthermore, section 7 is very close to the typical exemption of warranties: “the Work is provided under the Licence on an ‘as is’ basis and without warranties of any kind concerning the Work“
If i`m remember correct, MIT, GNU, and CC, are for all world, with working authors law country. Anyway, its marked in licenses..
Otherwise, it's like #russia in 95-03, communism(piracy), and little of government stimulated vendors,(also, its give to us #ngnix), it's way, after few years, it's gonna be working anyway.
@mariskus In general, yes, but there is no way to know for sure until each individual one has been tested in court. But, for example, GPL has shown to hold in German courts. And then, of course, EUPL written by the European Commission should be valid in all member states, and it is available in all official languages. https://joinup.ec.europa.eu/collection/eupl/introduction-eupl-licence