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

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

17 Pages Posted: 3 Apr 2009  

Andrés Guadamuz

University of Sussex

Date Written: April 2, 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.

Keywords: open source, open content, contracts, licenses

JEL Classification: K10, K12

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: https://ssrn.com/abstract=1372040

Andres Guadamuz (Contact Author)

University of Sussex ( email )

Falmer
Brighton, BN1 9QN
United Kingdom

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