To OSI License Discussion subscribers,
From: Mahesh T Pai [EMAIL PROTECTED],
From: Lawrence E. Rosen [EMAIL PROTECTED],
Almost every country specifies that suits for damages should be
brought at the place of residence / business of the defendant. You
can rarely contract out of that.
That
Lawrence E. Rosen wrote:
Almost every license on the OSI approved list specifies a US
jurisdiction. The OSL is specifically intended to be country
neutral in that respect. If it isn't, we should make it so. What
changes do you suggest?
Simple, leave out references to jurisdiction. The
Almost every country specifies that suits for damages should
be brought at the place of residence / business of the
defendant. You can rarely contract out of that.
That is exactly what I want to contract out of, and I can in many
jurisdictions. Licensors shouldn't be burdened by having to
What happens if you, in the USA, prepare a derivative work
based on two OSL licensed pieces of code, one from, say,
Taiwan, and the other from France.
You are obligated under two licenses, one from the licensor in Taiwan
and the other from the licensor in France. Nothing unusual here with
Henry Pijffers wrote:
However, suppose big US company didn't register to do business
anywhere in Europe, and just licensed some open source software to
me through the Internet, and later decides to change their mind, then
how can I defend my rights on anything I did with their software
You are obligated under two licenses, one from the licensor in Taiwan
and the other from the licensor in France. Nothing unusual here with
respect to the OSL.
Two licenses with different effective terms; there is not one OSL, but
one for each of the 100+ countries in the world. It means
From: Larry Rosen
You are obligated under two licenses, one from the licensor
in Taiwan
and the other from the licensor in France. Nothing unusual
here with
respect to the OSL.
From: David Woolley [mailto:david;djwhome.demon.co.uk]
Two licenses with different effective terms;
think the terms of the OSL are different, or will be interpreted
differently, in those other countries? It is true that the OSL -- and
The fact that you said that the choice of law was determined by the
licensor; if it is unlikely to change, there will be less uncertainty
for licensees if it
-
From: David Woolley [EMAIL PROTECTED]
To: [EMAIL PROTECTED]
Sent: Thursday, November 07, 2002 5:47 PM
Subject: Re: Approval Requested for AFL 1.2 and OSL 1.1
think the terms of the OSL are different, or will be interpreted
differently, in those other countries? It is true that the OSL
Perhaps it makes sense (say in a preamble) to mention that certain
sections (and obviously which sections) use wording copied from the
US copyright code, so that eveyone knows that the reasons the words
sound strange is that they are legal jargon with precise meanings
-Chris
--
Lawrence E. Rosen wrote:
The word prepare is taken from 17 U.S.C. ยง106, which reserves to the
author of a copyrighted work the exclusive right to prepare derivative
works based upon the copyrighted work. If the word is good enough for
the U.S. Copyright Act, its good enough for me.
How good
Henry Pijffers scripsit:
How good do you think it is for us Europeans and other non-US
residents?
International copyright law is pretty uniform. Since the license was
drawn up in the U.S., the chances are good that any Berne Convention court
(which means just about any court nowadays) will
-Original Message-
From: Chris F Clark [mailto:cfc;TheWorld.com]
Sent: Wednesday, November 06, 2002 12:02 PM
To: [EMAIL PROTECTED]
Subject: Re: Approval Requested for AFL 1.2 and OSL 1.1
Perhaps it makes sense (say in a preamble) to mention that
certain sections (and obviously which
From: Henry Pijffers [mailto:henry.pijffers;saxnot.com]
How good do you think it is for us Europeans and other non-US
residents?
And on a sidenote, I don't like licenses that designate a specific
court of law. I ain't gonna go to the US of A to defend my rights.
Under the OSL, if you
Lawrence E. Rosen wrote:
Under the OSL, if you are the Licensor you determine the jurisdiction.
It's your software after all. So if you write and license your software
in Europe to customers anywhere, you can defend your rights in Europe
under European contract law.
This suits me fine when I
From: Mike Nordell [EMAIL PROTECTED]
Bruce Dodson top-posted:
Derivative Works means derivative works based upon the Original Work,
as
upposed to derivative works based upon Marvel Comics characters, or
derivative works based upon previously-unreleased Elvis tracks.
Since the definition
It seems clear to me, yet another non-lawyer:
Derivative Works means derivative works based upon the Original Work, as
upposed to derivative works based upon Marvel Comics characters, or
derivative works based upon previously-unreleased Elvis tracks.
Prepare - it doesn't say to prepare yourself
Bruce Dodson top-posted:
It seems clear to me, yet another non-lawyer:
Derivative Works means derivative works based upon the Original Work, as
upposed to derivative works based upon Marvel Comics characters, or
derivative works based upon previously-unreleased Elvis tracks.
Since the
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