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Everyone is jumping on the definition of a “small business”, but the thing that stood out to me was the clause “[license for commercial use is good] indefinitel
by jonathankoren 5y ago
Everyone is jumping on the definition of a “small business”, but the thing that stood out to me was the clause “[license for commercial use is good] indefinitely, if the licensor or their legal successor does not offer a fair commercial license for the software within 32 days of written request”
“Fair commercial license”? Well fair is in the eye of the beholder isn’t it? Seems like the author would need a lawyer filing a C&D 33 days after negotiations started, as the initial license cost is going to immediately be dismissed as “unfair” just as a negotiating tactic.
- kemitchell 5y agoThe phrase "fair commercial license" is fleshed out more in a definition toward the end of the license text.
- user-the-name 5y agoNo, fair is in the eye of the court that is resolving the case when there is a conflict. And these terms have meanings in a legal context.
- kemitchell 5y agoI'm not aware that any of the words used in Big Time are legal terms of art with particularly specific, legal meanings. There is a developing body of case law around FRAND---fair, reasonable, and nondiscriminatory---which directly inspired Big Time. But it's not as though there is a separate dictionary of legal meanings for common words that courts use. Rather, they have rules for how to read to find the meaning two sides likely meant in context. Some of those rules involve looking at general dictionary definitions.