Re: The NASA license may be unconstitutional? Re: For Approval: NASA Open Source Agreement Version 1.1

2004-02-12 Thread Richard Schilling
On 2004.02.12 20:05 Andy Tai wrote:
The NASA license as proposed may be against the law in
many locations.  For example, in Taiwan the
Constitution of the Republic of China is the supreme
law of the land.  The NASA license demands that it is
governed by US Federal Law, which conflicts with the
ROC's sovereignty and copyright laws and this
requirement is unconstitutional.
These are serious issuees with respect to international licensing, but 
I doubt the NASA license is unconsitiutional in the US.  Perhaps in 
other countries, but most likely not here :-)

Licenses always must be specific to the country in which they are used 
for them to be effective.

The World Trade Organization provides a common framework for licensing 
and Intellectual Property standards.  Since China is a member of the 
WTO it should help address these types of international differences.

Richard Schilling



The same probably is true for most locations outside
the US.
--- Bryan Geurts <[EMAIL PROTECTED]> wrote:
> This Email was prepared in satisfaction of OSI
> Certification Process Step
>
>  ii.  Federal Statute mandates that the U.S.
> Government can only be
> held subject to United States federal law.  See 5.C.
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The NASA license may be unconstitutional? Re: For Approval: NASA Open Source Agreement Version 1.1

2004-02-12 Thread Andy Tai
The NASA license as proposed may be against the law in
many locations.  For example, in Taiwan the
Constitution of the Republic of China is the supreme
law of the land.  The NASA license demands that it is
governed by US Federal Law, which conflicts with the
ROC's sovereignty and copyright laws and this
requirement is unconstitutional.  

The same probably is true for most locations outside
the US.

--- Bryan Geurts <[EMAIL PROTECTED]> wrote:
> This Email was prepared in satisfaction of OSI
> Certification Process Step 
> 
>  ii.  Federal Statute mandates that the U.S.
> Government can only be 
> held subject to United States federal law.  See 5.C.
--
license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3