You can't sign away your rights. No matter what they put in their shitty license, you can still pursue whatever kind of lawsuit you want. It's still up to the judge whether or not to go forward with it, but just because a license says something doesn't make it legally valid at all. It's smart for Microsoft to put a clause like that in there because there are judges that might take it into consideration, but by no means is this a get-out-of-class-action-lawsuit-free card.
Oh, by the way, by readying this comment you (the reader) hereby agree to give me $1,000 within 30 days. (See? I can make pointless claims of agreement too)
My point is that legal-sounding words claiming agreement don't necessarily mean anything. What's important is if they stand up in court. I'm no lawyer, but I rather doubt that clause would get them very far. Legal documents are about covering all your bases, not creating magical tomes of inherent power.
Seems like you're getting a lot of criticism for this, a lot of which I have to agree with. Writing valid JSON is extremely simple and unfortunately it's hard to see how this project would do anything besides promote bad practices for a near-universal format.
Suggestion: turn these criticisms to your favor. Make this into something that promotes good form. Perhaps by acting as a compiler that transforms your forgiving JSON into valid JSON. Make a command line utility. Emphasize how the output passes JSONlint or something. In other words, I'm suggesting that you remake this into a sort of coffeescript for JSON.
In any case, the path you are on isn't gonna garner much support. Change up your stride a bit and you could be on to something rather nice, though.
Oh, by the way, by readying this comment you (the reader) hereby agree to give me $1,000 within 30 days. (See? I can make pointless claims of agreement too)
My point is that legal-sounding words claiming agreement don't necessarily mean anything. What's important is if they stand up in court. I'm no lawyer, but I rather doubt that clause would get them very far. Legal documents are about covering all your bases, not creating magical tomes of inherent power.