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by Sanddancer
3655 days ago
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Severability was intentionally removed in GPLv3 to make it an all or nothing license. The FSF's rationale is that if they made it an all or nothing, it would be less likely for courts to find any clause unenforceable. Whether or not this will stay true in practice remains to be seen. I was incorrect in remembering what the CDDL had if a clause is found to be unenforceable. A reform clause has a lot of overlap with severability. While a contract can be altered in such a case, reform means that the spirit of the unenforceable clause must remain intact. Were it severable, then the entire clause would be excised, potentially altering the license much more through omission. |
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