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Wouldn't I be able to just "accept" the license, if I knew that by law the liability limitations were not enforceable? There's still plenty of folks clicking t

• gavinhoward 2y ago
  If the license becomes void if the disclaimer doesn't hold, then you can't accept the license; the author(s) specifically say that you don't have that option. By copyright law, you would then have no right to use the software. Some people may not consider that FOSS, but I'm okay with that. Source: I am making such licenses, and though IANAL, I am halfway through working with a lawyer on those licenses.
  • sverhagen 2y ago
    Doesn't it depend on severability provisions in the license, or for the lack thereof, a severability ruling by a court, whether the license is voided if the liability limitation is ruled to be illegal? Or... to become illegal, in case such laws are enacted after the license is accepted?
    • gavinhoward 2y ago
      In most cases, no, at least according to the lawyer I have. He did put in a phrase that nullifies the license when a new ruling comes out or a new law is passed. Essentially, you may have accepted the license, but since I included the condition that the disclaimer is legal, I can withdraw the license for that reason. Having conditions for withdrawing the license is well-established. Without it, the GPL would not work because otherwise, it could not become void for an entity that doesn't share changes. IOW, you may have accepted the license, but that doesn't remove my power to take it away.