[copyleft-next] use of "shall"

Attention conservation notice: minor drafting quibbling follows. Secs. 11.4 and 15 should probably be redrafted to remove shall. Shall should only be used under very specific circumstances- basically as a synonym for "has a duty to." There is a very extensive discussion of this on p. 22-30 of Ken Adams' Manual of Style for Contract Drafting [http://books.google.com/books?id=n7-jxMskU9MC&pg=PA22#v=onepage], and a summary at http://www.koncision.com/revisiting-use-of-shall-in-contract-drafting/ The following summarizes the position [from http://www.adamsdrafting.com/2008/11/18/shall-will-must-exchange-emails/ ]: "I recommend using [shall] to impose an obligation on the subject of the sentence, as in 'Acme shall purchase the Shares'. The initial test for disciplined use of shall is whether you can in your mind replace it with “has [or have] a duty to.” This simple test goes a long way towards restraining overuse of shall." Secs. 11.4 and 15 fail this test, and so probably shouldn't use "shall" as currently drafted: Sec. 11: "Your right to make copies necessarily incident to running Covered Works [have a duty to] never be terminated." Because I'm unclear on the purpose of 10.4 (see thread from some weeks ago), I can't offer advice on how to improve it. Sec. 15: "If any provision of this License is invalid or unenforceable under applicable law, it [has a duty to] not affect the validity or enforceability of the remainder of this License..." shall -> will ("it will not affect...") "and reviewing courts [have a duty to] reform such provision to the minimum extent necessary to make such provision valid and enforceable." This is not grammatically incorrect, but it's a little odd, since the courts have no duty here to do anything. :) Could use instead: "and We intend that reviewing courts should reform..." or simply "reviewing courts should reform". For slightly more discussion of exactly this sort of clause, see: http://www.koncision.com/koncisions-severability-provision-now-featuring-... and http://www.koncision.com/feast-your-eyes-on-koncisions-new-severability-p... Two more cents- Luis