[jira] [Commented] (LEGAL-283) Please add in a severability clause to the ASL

["Roy T. Fielding (JIRA)" <ji...@apache.org>]

    [ https://issues.apache.org/jira/browse/LEGAL-283?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=15829179#comment-15829179 ] 

Roy T. Fielding commented on LEGAL-283:
---------------------------------------

No. It is a license, not a contract. There is nothing to be gained by challenging it (or any of the clauses) in court, since the sole purpose of the license is to unilaterally (without agreement or compensation) permit things that are not permitted by default. As such, severability is irrelevant.

> Please add in a severability clause to the ASL
> ----------------------------------------------
>
>                 Key: LEGAL-283
>                 URL: https://issues.apache.org/jira/browse/LEGAL-283
>             Project: Legal Discuss
>          Issue Type: Task
>            Reporter: Cem Karan
>
> Can you please add in a severability clause (https://en.wikipedia.org/wiki/Severability) to the ASL?  My concern is that if one of the clauses is declared invalid, then the other clauses might also be declared invalid by a court.  
> This issue came up on the legal-discuss mailing list with regards to copyright and US Government contributions (which automatically are in the public domain within the US).  The concern is that a smart lawyer might argue successfully in court that clause 2 is invalid for public domain contributions, and therefore the entire license is invalid.  This could cause significant headaches for everyone.



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