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Re: Is AGPLv3 DFSG-free?



Steve Langasek wrote:
> On Mon, Sep 01, 2008 at 01:49:38PM -0500, Jordi Guti?rrez Hermoso wrote:
> > 2008/9/1 Christofer C. Bell <christofer.c.bell@gmail.com>:
> > > The AGPLv3 requires you to re-export that code in the event that you
> > > modify server software using it -- even if exporting crypto is illegal
> > > for you.
> 
> > This is not an issue. A license can't force you to do something that
> > contradicts a higher law.
> 
> Uh, no.  If the license contradicts the law, then *you don't have a valid
> license*.

Not necessarily. A court may find the illegal clause severable and
act as if that clause wasn't there. Or it may rule that compliance
with the clause in question cannot be demanded from the licensee.
That leaves the rest of the license intact.

Arnoud

-- 
IT lawyer, blogger and patent attorney ~ Partner at ICTRecht.nl legal services
        http://www.arnoud.engelfriet.net/ ~ http://www.iusmentis.com/


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