4 ms·
Absolutely correct. And that's just the tip of the iceberg... "grant to any third party any intellectual property or other proprietary rights;" If I've used
by wegs 6y ago
Absolutely correct.
And that's just the tip of the iceberg...
"grant to any third party any intellectual property or other proprietary rights;"
If I've used this on a web page, a third-party has the rights to view and make local cached copies of the web page.
"disclose or make any source code or any part or derivative work thereof available to third parties under any circumstances;"
If I put this into a document, printed it, and handed it to my mom, I've just made a derivative work available to third-parties (and yes, the compiled font is a derivative of the source code, if you parse the 'therefore' that way).
... and so on.
I'm giving intentionally absurd examples, but legal language like this is just absurdly poorly-written and stupid. Whatever you want legal language to say, you want it to be clear and unambiguous. That protects everyone involved; there are clear limits, and nothing for courts to argue about. In this case, even the basic grammar is ambiguous (pronouns pointing into voids, chains of ambiguous and/or clauses, etc.)
Here's another gem:
"each copy shall bear an appropriate copyright notice in substantially the form of '© 2020 Goldman Sachs & Co. LLC. All rights reserved.' and a copy of this License" -- well which is it: Are all rights reserved, or do I have additional rights as defined by this license?
Virtually /any/ use of this font falls into a legal gray zone, and so creates a massive liability for everyone involved in using this, ironically including Goldman Sachs itself. Many clauses are bad enough a judge would just toss them out, and that leaves a legal document that looks a lot like Swiss cheese.
Most first-year law students would be embarrassed to draft legal text like this, and most lawyers would be concerned about legal malpractice if they let a document like this slip out.
That's just in the legal language is written. One level up, we run into fundamental misconceptions of how open source works, of how copyright works, as well as a slew of missing standard license boilerplate.
And on top of that, we have the basic strategic issue: Except for exceptional cases, it makes sense to use an existing, vetted license; it's usually stupid to draft your own unless there's a darned good reason (and in that case, you'd better find a qualified lawyer). Even if you do draft your own, you should start with an existing, vetted license, and modify the parts which don't fit, and find a competent lawyer to do it.
I've met elementary school students who wrote better legal language than this. This makes Goldman look incompetent. It's not a good look for an investment bank.
- NovemberWhiskey 6y agoAre you a lawyer or legally trained? Honestly interested to know because you're expounding on this with some degree of forcefulness, but you also seem to have some unusual understandings of legal terms as I would understand them. e.g. - viewing or caching a web page doesn't require the grant of intellectual property or proprietary right - that would be me assigning you the copyright or allowing you to sell it or something; - a printed document that uses a font is not a derivative work of the font because the typeface (vs. the code of the font itself) is not copyrightable; - "all rights reserved" refers to all rights of intellectual property ownership under the copyright, which absolutely are retained when licensing as opposed to assigning.
- NovemberWhiskey 6y agoJust on that last thing in particular: another example of a software license that has an 'all rights reserved' copyright statement and requires distribution of both the copyright statement and the license would be the BSD license. An example of another software license that explicitly separates copyright and licensing when describing itself would be the GPL, in either v2 or v3 form.
- wegs 6y agoThe BSD license does NOT contain "All Rights Reserved." See: https://opensource.org/licenses/BSD-3-Clause https://opensource.org/licenses/BSD-3-Clause https://opensource.org/licenses/BSD-2-Clause https://opensource.org/licenses/BSD-2-Clause That would contradict the license text.
- NovemberWhiskey 6y agoThe original 4-clause license does.
- wegs 6y agoFair enough. The original 4-clause license is also in the hall-of-fame of bad licenses. I believe you can also find bad legal code in a lot of the NC licenses, WTFPL, and the Hypocratic/ethical licenses in the same hall-of-fame. I wouldn't use any of those as examplars. If it makes you feel better, I found a link written by an actual JD: https://www.legalzoom.com/articles/the-term-all-rights-reserved-explained https://www.legalzoom.com/articles/the-term-all-rights-reser... Remind me of why we're still having this discussion. Unless you can post a link supporting your assertion, I think I've provided ample evidence at this point.