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From Luis Villa <l...@lu.is>
Subject Re: Joke licenses -> Cat X
Date Sat, 28 Jul 2018 14:55:29 GMT
On Fri, Jul 27, 2018 at 7:49 PM Roman Shaposhnik <roman@shaposhnik.org>
wrote:

> On Fri, Jul 27, 2018 at 7:20 PM, Hen <bayard@apache.org> wrote:
> > We have a JIRA issue where the action is to put the Solipsistic Eclipse
> > Public License on the Cat X list (LEGAL-392).
> >
> > I’d also like to put the “Don’t be a Dick” License on the list. I added
> more
> > thoughts on the License here
> > https://github.com/RIAEvangelist/node-ipc/issues/133 (issue raised
> question
> > of whether it would be Apache category X, which I thought it would be).
>
> I've been known to have a different take on joke licenses. I honestly think
> that exactly because they are jokes there's no way they can be enforacable
> in any meaningful way and as such codebases using them aare equivalent
> to code bases in public domain.
>

Others have made this point indirectly, but it's probably worthwhile to say
it explicitly: the default of global copyright law, when there is no
license, is that the author retains all rights.

So if a license is "not enforceable in any meaningful way", the risk falls
*on the user*, not on the author.

It's possible to make some arguments about these sorts of licenses, of
course, but the user would have to be the one arguing for validity, not the
other way around.

Luis

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