News for hackers. Stuff that matters.

A comment on Italian Courts Find Open Source Software Terms Enforceable. Parent comment

Re:Italian Courts Find Open Source Software Terms Enforceable by kergonath on Monday December 27, 2021 @03:30PM (#29706455)
> That doesn't make the terms and agreements any less binding, though. Parts of them are bullshit and ignored, but the other parts are still valid.

Different people have different ideas of what is reasonable and what is bullshit. Different jurisdictions as well, which is why some clauses in EULAs written by American lawyers are invalid in the EU.

> Only the parts of the agreement that violate the local laws can be ignored.

That is the whole point: to know for sure which ones you can ignore, you need to test them in court.

[ Parent | on HN ]
Re:Italian Courts Find Open Source Software Terms Enforceable by GoblinSlayer on Wednesday December 29, 2021 @10:23AM (#29725600)
USA is a special case, because they have a whole moral rule "fake it till you make it" to the point that it works in courts sometimes, and then everybody is the infinite future are screwed because of the precedent law until the supreme court fixes it.
[ Parent | on HN ]