- Japanese IP advice on open-source licensing often focuses narrowly on copyright law (Layer 1) while neglecting contractual issues (Layer 2) and practical business/community concerns (Layer 3), leading to impractical conclusions for companies.
- Modern licenses, including AI model terms and source-available licenses, are designed as contracts with use restrictions, requiring analysis of enforceability, jurisdiction, and breach consequences beyond copyright infringement.
- Global business operations, community norms, and reputational risks must be considered, as decisions based solely on Japanese law may ignore suspension risks, compliance costs, and ecosystem expectations.
- Effective licensing decisions require collaboration among legal teams, engineers, and Open Source Program Offices (OSPOs) to integrate legal, technical, and community perspectives.
- Companies should ask broader questions about license acceptance in global contexts, internal policy alignment, and community trust, rather than just legal enforceability under Japanese law.