The license/contract dichotomy in open licenses: a comparative analysis

Guadamuz-González, Andrés (2009) The license/contract dichotomy in open licenses: a comparative analysis. University of La Verne Law Review, 30 (2). p. 101. ISSN 1944-382X

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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.

Item Type: Article
Schools and Departments: School of Law, Politics and Sociology > Law
Subjects: K Law > K Law in General. Comparative and uniform Law. Jurisprudence
K Law > K Law in General. Comparative and uniform Law. Jurisprudence > K7000 Private international law. Conflict of laws > K7550 Intellectual property
Depositing User: Andres Guadamuz
Date Deposited: 04 Sep 2013 06:33
Last Modified: 07 Mar 2017 10:24
URI: http://sro.sussex.ac.uk/id/eprint/46010

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