The License/Contract Dichotomy in Open Licenses: A Comparative Analysis

Guadamuz, Andrés

Abstract

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The License/Contract Dichotomy in Open Licenses: A Comparative Analysis

Andrés Guadamuz

Independent

April 2, 2009

University of La Verne Law Review, Vol. 30, No. 2, pp. 101-116, 2009

Abstract:
The paper looks at the legal nature of so-called open licenses - agreements designed to provide permissions to users and publishers through "some rights reserved" clauses. The article starts with the assertion that copyright licenses are contracts in Civil Law jurisdictions, and looks at the opposing views and practice in Common Law jurisdictions. The article particularly looks at recent case law in the United States which deals specifically with the issue, and concludes that there is now a clear jurisdictional split between both traditions on whether these licenses are contracts.

Number of Pages in PDF File: 17

Keywords: open source, open content, contracts, licenses

JEL Classification: K10, K12

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Date posted: April 3, 2009

Suggested Citation

Guadamuz, Andrés, The License/Contract Dichotomy in Open Licenses: A Comparative Analysis (April 2, 2009). University of La Verne Law Review, Vol. 30, No. 2, pp. 101-116, 2009. Available at SSRN: http://ssrn.com/abstract=1372040

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Andres Guadamuz (Contact Author)

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