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This book discusses the main legal questions raised by free and open source software (FOSS) licenses and other alternative license models, such as Creative Commons. The legal questions raised by FOSS and other alternative licenses have been the subject of an intense international debate among legal scholars and practising lawyers in the last years. Courts in different jurisdictions have confirmed that the core features of FOSS licenses are compliant with the respective applicable laws and thus enforceable in the respective jurisdictions. What is still missing so far is an in-depth comparative analysis of the legal issues raised by FOSS, Creative Commons and other alternative license on a worldwide scale. This book presents a general report on FOSS licenses and alternative license models to establish common ground and enable comparison between jurisdictions. The general report is followed by 24 national reports covering the world's most important IT-markets. General and national reports use the same structure to facilitate the comparison. The book shows that despite the differences in their origins, all FOSS projects use detailed licenses for the organisation of their communities. It also shows the differences in the proofing of these licenses by courts in some jurisdictions, and the tailor-made provisions established by some legislators to solve the legal issues raised by the license model.
Law. --- Computers. --- Law and legislation. --- Private international law. --- Conflict of laws. --- International law. --- Comparative law. --- Private International Law, International & Foreign Law, Comparative Law. --- Legal Aspects of Computing. --- Comparative jurisprudence --- Comparative legislation --- Jurisprudence, Comparative --- Law, Comparative --- Legislation, Comparative --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Civil law --- Law --- Legal polycentricity --- Computers --- Private International Law, International & Foreign Law, Comparative Law . --- Cyberspace --- Law and legislation --- Automatic computers --- Automatic data processors --- Computer hardware --- Computing machines (Computers) --- Electronic brains --- Electronic calculating-machines --- Electronic computers --- Hardware, Computer --- Computer systems --- Cybernetics --- Machine theory --- Calculators
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This book discusses the main legal questions raised by free and open source software (FOSS) licenses and other alternative license models, such as Creative Commons. The legal questions raised by FOSS and other alternative licenses have been the subject of an intense international debate among legal scholars and practising lawyers in the last years. Courts in different jurisdictions have confirmed that the core features of FOSS licenses are compliant with the respective applicable laws and thus enforceable in the respective jurisdictions. What is still missing so far is an in-depth comparative analysis of the legal issues raised by FOSS, Creative Commons and other alternative license on a worldwide scale. This book presents a general report on FOSS licenses and alternative license models to establish common ground and enable comparison between jurisdictions. The general report is followed by 24 national reports covering the world's most important IT-markets. General and national reports use the same structure to facilitate the comparison. The book shows that despite the differences in their origins, all FOSS projects use detailed licenses for the organisation of their communities. It also shows the differences in the proofing of these licenses by courts in some jurisdictions, and the tailor-made provisions established by some legislators to solve the legal issues raised by the license model.
Comparative law --- International private law --- International law --- Law --- Computer. Automation --- rechtsvergelijking --- computers --- wetgeving --- recht --- internationaal recht --- internationaal privaatrecht --- computercriminaliteit
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Copyright --- Copyright --- Moral rights --- Moral rights
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Gewerblicher --- Rechtsschutz --- Gemeinschaftssortenschutz --- Patentrecht --- Saatgut --- Pflanzenzüchtung
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During the past century, intellectual property (IP) law has expanded within and beyond national borders. The field of IP law was once a niche area concerning authors, inventors, and trademark owners. Today, IP law acts as a complex regime of instruments, institutions, and actors that negotiate overlapping, diverging, and occasionally competing public policies on a global scale. As IP continues to expand beyond borders, the instruments and tools utilised for its global protection rely on public international law as the common denominator and unifying frame. Intellectual Property Ordering Beyond Borders provides an evaluation of the most pertinent public international law questions raised by this multidimensional expansion. This comprehensive and far-reaching volume tackles problems such as generalist approaches under the law of treaties; custom and general principles; interfaces between IP and other normative orders, such as trade and investment; and interdisciplinary accounts from the economic, political, and social science perspectives. This title is also available as open access on Cambridge Core.
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Intellectual property (International law) --- Propriété intellectuelle --- Droit international privé --- Conflit de juridictions --- Jugements étrangers --- Etudes comparatives --- Etudes comparatives --- Propriété intellectuelle --- Droit international privé --- Conflit de juridictions --- Jugements étrangers --- Etudes comparatives --- Etudes comparatives
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Hauptbeschreibung The private international law of intellectual property is currently much debated both in Europe and abroad. Art. 8 of the Rome II Regulation of 2007, which codifies a territorial approach for the infringement of intellectual property, has provoked an intensive discussion in Europe as to whether the lex loci protection is still appropriate for intellectual property litigation in the age of worldwide networks. A condensed outcome of this debate is summarized in the ""Principles for Conflict of Laws in Intellectual Property"" (CLIP Principles) drafted by the European
Intellectual property (International law) --- Intellectual property --- IP (Intellectual property) --- Proprietary rights --- Rights, Proprietary --- Intangible property --- Law and legislation --- Vergelijkend recht. (Reeks) --- Droit international privé. (Collection) --- Droit comparé. (Collection) --- Internationaal privaatrecht. (Reeks) --- Japan --- Private International Law --- Intellectual Property --- Handels- und Gesellschaftsrecht, Wirtschaftsrecht, Steuerrecht --- Internationales Privatrecht, Ausländisches Recht, Rechtsvergleichung
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Intellectual property --- Information technology --- Electronic commerce --- Electronic commerce --- Information technology --- Intellectual property. --- Law and legislation --- Law and legislation --- Law and legislation. --- Law and legislation. --- Europe.
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Intellectual property --- Information technology --- Electronic commerce --- Law and legislation --- Europe.
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