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nicoroeser avatar nicoroeser commented on August 25, 2024

The mailing list posting with the request for approval from 2001-05-23 contains an attached license document (HTML document).

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smaffulli avatar smaffulli commented on August 25, 2024

@nicoroeser can you please be more precise for where you see the issue? I checked the files in the repository and I can't find where the text of the Motosoto license is not complete.

This Motosoto Open Source License (the "License") applies to "Community

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nicoroeser avatar nicoroeser commented on August 25, 2024

The Motosoto license file, which you mentioned, has 10 sections. Compare that to the Jabber Open Source License file, which has 15 numbered sections, an exhibit A, and further paragraphs.

Particularly have a look at the last section, specifically the last lines, of the Motosoto license text:

10. Limitation of Liability. UNDER NO
CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE LICENSOR, ANY
CONTRIBUTOR, OR ANY
DISTRIBUTOR OF LICENSED PRODUCT, OR ANY SUPPLIER OF ANY OF SUCH PARTIES,
BE LIABLE TO ANY PERSON
FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
CHARACTER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
FAILURE OR
MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF
SUCH PARTY SHALL
HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
LIABILITY SHALL NOT
APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH
PARTY

(file ends here!)

… and the corresponding part in jabberpl:

10.  Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE LICENSOR, ANY CONTRIBUTOR, OR ANY DISTRIBUTOR OF LICENSED PRODUCT, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTYS NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.

(license text does not end here!)

Note that the Motosoto license file does not end with a full stop (or other punctuation mark). This is not a clear indication that something is missing, but looks wrong. Read the last sentence. Well, it makes some sense, but sounds strange, and feels incomplete when comparing it to the common wordings used in that context in other licenses (e.g. most of them have the word “negligence” somewhere nearby).

Use something like wdiff -n jabberpl Motosoto | colordiff | less -R, for example, for a detailed comparison between the licenses stored in the repository.

Compare the current Motosoto license document in the repository to the version that had originally been sent in, see my previous comment. I know that is an earlier version, before feedback had been integrated, but it is unlikely that large parts of text should have been removed.

Note the following forward references in the Motosoto license text:

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jlovejoy avatar jlovejoy commented on August 25, 2024

Note, also relates to spdx/license-list-XML#1966

As a related note, I would not necessarily compare to Jabber, which has it's own issues as per research I did some years ago that found that the version on OSI site is not the same as version at http://archive.jabber.org/core/JOSL.pdf (substantive diff includes inclusion in the latter of a definition of Source Code and "reasonably necessarly" qualifier in patent grant)
see https://lists.spdx.org/g/Spdx-legal/message/435?p=,,,20,0,0,0::Created,,jabber,20,2,0,22080275 for doc with diff

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jlovejoy avatar jlovejoy commented on August 25, 2024

@smaffulli - I think what @nicoroeser is trying to point out is the the text that appears on the OSI site at https://opensource.org/license/motosoto-php/ for the Motosoto license does not match (b/c it's missing some of the last sections) what was submitted back in 2001 at https://lists.opensource.org/pipermail/license-discuss_lists.opensource.org/2001-May/003732.html

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smaffulli avatar smaffulli commented on August 25, 2024

https://opensource.org/license/motosoto/ the page has been updated

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nicoroeser avatar nicoroeser commented on August 25, 2024

Thank you for the update, @smaffulli !

Now that web page shows a different license version in the page header block (“Version 0.9.1”) and the license text (“Version 0.9”). Would you be so kind and look at the situation again and make another correction accordingly? I don’t know whether OSI has approved version 0.9 or 0.9.1, but I assume that the stated versions should at least be identical in both places?

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smaffulli avatar smaffulli commented on August 25, 2024

thanks, the version that was submitted is 0.9, as seen here: https://lists.opensource.org/pipermail/license-discuss_lists.opensource.org/2001-May/003732.html. I fixed the metadata of the license page.

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