Free and Open Source Software (FOSS) and other Alternative by Axel Metzger

By Axel Metzger

This ebook discusses the most criminal questions raised through loose and open resource software program (FOSS) licenses and different replacement license types, akin to artistic Commons. The felony questions raised by means of FOSS and different replacement licenses were the topic of an extreme overseas debate between felony students and practicing legal professionals within the final years. Courts in numerous jurisdictions have proven that the middle positive factors of FOSS licenses are compliant with the respective acceptable legislation and therefore enforceable within the respective jurisdictions. what's nonetheless lacking to this point is an in-depth comparative research of the criminal concerns raised by way of FOSS, artistic Commons and different substitute license on a world scale. This booklet offers a common file on FOSS licenses and substitute license types to set up universal flooring and allow comparability among jurisdictions. the final record is by means of 24 nationwide stories overlaying the world's most crucial IT-markets. normal and nationwide reviews use a similar constitution to facilitate the comparability. The publication indicates that regardless of the diversities of their origins, all FOSS tasks use particular licenses for the organization in their groups. It additionally exhibits the variations within the proofing of those licenses by way of courts in a few jurisdictions and the tailored provisions validated by way of a few legislators to resolve the criminal matters raised through the license model.

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45(3); Grad-Gyenge and Mezei, Hungarian Report, section “Formal requirements”. 99 See Italy Sec. 2 of Art. 109; Ricolfi, Italian Report, section “Formal requirements”. 100 See Malaysia Sec. 27(3); Tay Pek San and Sik Cheng Peng, Malaysian Report, section “Formal requirements”. 101 See Portugal Art. 32(2) IP Act; Art. 41(2) Copyright Act. 102 See Portugal Art. 11(2) Decree-Law 252/94; Pereira, Portuguese Report, section “Formal requirements”. 103 See Bayamlıoğlu, Turkish Report, section “Formal requirements”.

248 The OIN was formed 240 See Germany Sec. 97 para. 2 s. 2011, Kommunikation & Recht 2011, pp. 277 et seq. 241 See Udsen, Danish Report, section “Remedies in case of termination of the licensee’s rights”. 242 See Turkey, Art. 68. 243 See Bayamlıoğlu, Turkish Report, section “Remedies in case of termination of the licensee’s rights”. 244 See Ricolfi, Italian Report, section “Remedies in case of termination of the licensee’s rights”. 245 Convention on the Grant of European Patents of 5 October 1973 (European Patent Convention) as revised in 2000 (EPC 2000).

A. 181 See Koukal, Myška and Šavelka, Czech Report, section “Direct license or sub-license”. 182 See Denmark Sec. 56(2); Udsen, Danish Report, section “Direct license or sub-license”. 183 See Peukert and König, German Report, section “Direct license or sub-license”. 184 Brazil, Greece, Portugal, Spain. 185 See Greece Art. 4 par. 1 (e); Spain Art. 14. S. 188 For example, French law provides for a retraction right as part of the author’s moral rights. 191 In Australia, Finland and Taiwan, the answer to this question remains unresolved.

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