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
Date Written: April 2, 2009
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: Suggested Citation