[copyleft-next] use of "shall"

Richard Fontana fontana at sharpeleven.org
Tue Nov 27 05:34:39 UTC 2012


On 11/27/2012 12:18 AM, Richard Fontana wrote:

> I'd be willing to go with this:
> 
>   The invalidity or unenforceability under applicable law of any
>   provision of this License does not affect the validity or
>   enforceability of the remainder of this License. Such provision is
>   to be reformed to the minimum extent necessary to make it valid and
>   enforceable.
> 
> Though the second sentence no doubt violates some pedantic Adams rule
> against use of the passive voice. :)

Actually I now see that Adams recommends this approach:

"When a provision expressing an obligation is directed not only at the
parties but also at any court that is considering a dispute arising
under the contract.... [a] more politic option would be /is to be/
...." (Section 3.49)

- RF





More information about the copyleft-next mailing list