research

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

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

Similar works

Full text

Sussex Research OnlineProvided a free PDF (195.62 KB)

46010oai:sro.sussex.ac.uk:46010
Last time updated on September 18, 2013

This paper was published in Sussex Research Online.

Having an issue?

Is data on this page outdated, violates copyrights or anything else? Report the problem now and we will take corresponding actions after reviewing your request.