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Unravelling the Myth around Open Source Licences - An Analysis from a Dutch and European Law Perspective (Hardcover)
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Unravelling the Myth around Open Source Licences - An Analysis from a Dutch and European Law Perspective (Hardcover)
Series: Information Technology and Law Series, 8
Expected to ship within 12 - 17 working days
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Open source software licences are based on two fundamental
principles: the possibility for users to use the software for any
purpose and the possibility to modify and redistribute it without
prior authorisation from the initial developer. Some open source
software licences, like the General Public Licence (GPL), also
impose a corollary obligation on the licensee: to make the source
code available to other developers. The idea behind this form of
licensing is that when programmers can read, redistribute and
modify the source code for a piece of software, the software
evolves. A number of legal challenges need to be addressed in order
to ensure the most efficient deployment of open content licences in
Europe and in the Netherlands, not least because most open source
licences originate from the United States. This study gives an
overview of the current legal situation regarding the use of open
source software licences and investigates how the most commonly
used open source software licences measure up to Dutch and European
law. How does the distinct production and distribution model of
open source licences fit in the current legal framework? Does the
current legal environment support the use of open source licences
or does it rather impede their use? In this last case, would
certain adaptations to the law or to the licence terms be
appropriate? By its in-depth analysis and clear conclusions,
Unravelling the Myth around Open Source Licences amply contributes
to the understanding of this complex field that policy makers,
regulators, and academics so crucially require. Taking the
provisions of the GNU GPL, the BSD, and the Mozilla Public Licence
as examples, it investigates the implications of open source
licensing from a private law, copyright law and patent law
perspective. It also takes a brief look at the issue of the
enforcement of these licences. To facilitate the use and
enforcement of open source software licences in Europe, and more
particularly in the Netherlands, the authors conclude their study
by making a number of recommendations for the adaptation of the
licence terms with a view to enhancing their compliance with the
legal requirements. Lucie Guibault is Senior Researcher at the
University of Amsterdam's Institute for Information Law (IViR). Ot
van Daalen is an attorney with the firm of De Brauw Blackstone
Westbroek in Amsterdam. This is Volume 8 in the Information
Technology and Law (IT&Law) Series
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