The License/Contract Dichotomy in Open Licenses: A Comparative Analysis
a year ago
- #copyright-law
- #legal-dichotomy
- #open-source
- Examines the legal nature of open licenses, which grant permissions through 'some rights reserved' clauses.
- Highlights the dichotomy between Civil Law (treating copyright licenses as contracts) and Common Law jurisdictions.
- Analyzes recent U.S. case law to identify a jurisdictional split on whether open licenses are contracts.
- Concludes that there is a clear divide between Civil and Common Law traditions regarding the contractual status of open licenses.