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Vol 21 No 11 Nov/Dec 2016

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Free and Open Source Software (FOSS) and other Alternative License Models: A Comparative Analysis

Edited by: Axel Metzger

ISBN13: 9783319215594
Published: December 2015
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £117.00



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This book discusses the main legal questions raised by free and open source software (FOSS) licenses and other alternative license models, such as Creative Commons. The legal questions raised by FOSS and other alternative licenses have been the subject of an intense international debate among legal scholars and practising lawyers in the last years. Courts in different jurisdictions have confirmed that the core features of FOSS licenses are compliant with the respective applicable laws and thus enforceable in the respective jurisdictions. What is still missing so far is an in-depth comparative analysis of the legal issues raised by FOSS, Creative Commons and other alternative license on a worldwide scale.

This book presents a general report on FOSS licenses and alternative license models to establish common ground and enable comparison between jurisdictions. The general report is followed by 24 national reports covering the world's most important IT-markets. General and national reports use the same structure to facilitate the comparison. The book shows that despite the differences in their origins, all FOSS projects use detailed licenses for the organisation of their communities. It also shows the differences in the proofing of these licenses by courts in some jurisdictions and the tailor-made provisions established by some legislators to solve the legal issues raised by the license model.

Subjects:
Contract Law, Information Technology Law
Contents:
General Report
Axel Metzger and Stefan Hennigs
National Reports
Belgium - License contracts, free software and creative commons - an overview of the state of play in Belgium
Vincent Cassiers, Marie-Christine Janssens and Esther van Zimmeren
Brazil - Free Open Source Software and Creative Commons in Brazil
Fabricio Bertini Pasquot Polido and Monica Steffen Guise Rosina
Croatia - Alternative Licensing Contracts in Croatian Copyright Legislation
Igor Gliha and Romana Matanovac Vuckovic
Cyprus - The Cypriot law of contract applied to free software and creative commons - a work in progress Tatiana Synodinou and Philippe Jougleux
Czech Republic - Free Licenses and Recodification of Civil Law in the Czech Republic
Pavel Koukal, Matej Myska, Jaromir Savelka
Denmark - License contracts, free software and Creative Commons - Questionnaire - Denmark
Henrik Udsen
Finland - Free and open source software (FOSS) licenses and other alterative licenses under Finnish law
Anniina Huttunen, Henri Tanskanen and Martin von Willebrand
France - The French copyright law opens its arms to the FOSS
Nicolas Binctin
Germany - License contracts, free software and creative commons
Alexander Peukert and Dominik Konig
Greece - License Contracts, Free Software and Creative Commons in Greece
Dionysia Kallinikou
Hungary - License contracts, free software and creative commons in the Hungarian law
Aniko Grad-Gyenge and Peter Mezei
Italy - Free software and creative commons in license in Italy: A work still in progress
Marco Ricolfi
Japan - Free and Open Source Software and other Alternative License Models in Japan
Ryu Kojima
Malaysia - Legal Issues on Free Software and License Contracts - A Malaysian Perspective
Tay Pek San and Sik Cheng Peng
Netherlands - Fitting the bill FOSS and alternative copyright licensing in the Netherlands
L. Guibault and O. Salamanca
Poland - License contracts, free software and creative commons in Poland
Beata Giesen
Portugal - License Contracts, Free Software and Creative Commons in Portugal
Alexandre L. Dias Pereira
Romania - Legal regime of free software in Romania
Razvan Dinca
South Korea - Legal Issues on FOSS and Other Alternative Licenses in Korea
Gyooho Lee
Spain - Free software, creative commons and alternative licenses: Spanish perspectives
Pedro A. De Miguel Asensio
Taiwan - Legal Development in an Industrial Context - FOSS in Taiwan
Wei-min Liao
Turkey - Turkish copyright law on free and open source software (FOSS) licenses
Emre Bayamlioglu
UK - FOSS and alternative licensing in the United Kingdom
Luke McDonagh
USA - The uncertain legal status of free and open source software in the United States
Peter B. Maggs
About the Authors
Appendix: Questionnaire.