> -----Original Message----- > From: License-discuss [mailto:license-discuss-boun...@opensource.org] On > Behalf Of John Cowan > Sent: Wednesday, August 03, 2016 9:57 AM > To: license-discuss@opensource.org > Subject: Re: [License-discuss] [Non-DoD Source] Re: US Army Research > Laboratory Open Source License proposal > > Karan, Cem F CIV USARMY RDECOM ARL (US) scripsit: > > > She told me that the Berne convention does not change laws in > > individual countries, it just removes certain formalities. As such, > > if the foreign government permits the USG to hold copyright in the > > foreign country, then the USG is permitted to do so. > > Exactly. In general, whether a foreign person (in the legal sense) A has > rights in country B depends only on the laws in country B, which of > course include any international treaties that B has signed. The laws of B > may make reference in particular cases to the laws of A's > country, or any other country, of course. But they don't have to, which is > what makes conflicts cases so interesting to a sufficiently geeky > mind. And a country can certainly grant more rights to A than a treaty > requires it to.
OK, so we're in agreement then? A copyright-based license may work outside of the US because the USG would (probably) have copyright protections there? As far as I know, this hasn't been litigated anywhere, so it may not apply. So, all we're left with dealing with is within the USA... > See T. A. Cowan, "Marks of Primitivity in the Conflict of Laws", > 26 Rutgers L. Rev. 191 (1972-1973), online at <Caution- > http://heinonline.org/HOL/LandingPage?handle=hein.journals/rutlr26&div=16&id=&page=> > IANAL, but I am interested in law by jus sanguinis. :-) Interesting link! I wish it weren't behind a paywall, I'd like to read more of it. Thanks, Cem Karan
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