[OSM-legal-talk] New phrase in section 2

[Francis Davey]

On 7 December 2010 20:44, Mike Collinson <mike at ayeltd.biz> wrote:
> And to confirm ... the new phrase was introduced by mistake when initially
> setting up the 1.1 draft document and carried over into 1.2. I have removed

Cool. Thanks for the info.

> it and checked all the other wording, though I'd certainly appreciate
> another check.  The only difference between the proposed 1.2  text:
>
> http://docs.google.com/View?id=dd9g3qjp_933xs7nvfb
>
> and currently released 1.0 text
>
> http://www.osmfoundation.org/wiki/License/Contributor_Terms
>
> should be diff-marked with colour highlighting and strike-outs.
>

Thanks.

Some suggestions - if you are interested:

- "a contributor natural person" should probably read "a natural person"

- In 4: "At Your or the copyright holder’s option" should probably
have "copyright owner's" for consistency.

- There's an odd "or more" at the end of clause 5 which I cannot account for.

- do you want to delete ", except as provided above in Section 1,"
from clause 6.1 since section 1 provides no warranty?

- do you want to change "whether written or oral" to "whether written,
oral or otherwise" in 7? It may be that any agreement was implied and
therefore not written or oral.

- do you want to qualify "within 3 weeks" in clause 3? Such as "within
3 weeks of being notified of the vote"?

Query: how big is the OSMF membership? Would "resolution of the
members of OSMF" not be better since a resolution is a well defined
term with rules on how one is conducted, its quorum and so on, whereas
a "vote" might not be understood to be that. This could all be handled
elsewhere so it may not be a worry.

Style (really feel free to ignore this): I'd feel happier if the
heading style was consistent. Me, I like headings in contracts I
draft. They make them easier to read. Both "rights granted" and
"miscellaneous" could be put in the same style as "Limitation of
Liability".

You might also want to global replace "You" with "you" except where
grammar requires "you". Definitions don't _have_ to have initial
capital letters, and it makes the contract look less stilted (in my
personal opinion).

NB: usual disclaimer, though I am a lawyer, I am not your lawyer and
this is not legal advice, but merely something written during a rest
from playing minecraft.

-- 
Francis Davey