The NASA license may be unconstitutional? Re: For Approval: NASA Open Source Agreement Version 1.1
rschi at rsmba.biz
Fri Feb 13 07:46:35 UTC 2004
On 2004.02.12 20:05 Andy Tai wrote:
> The NASA license as proposed may be against the law in
> many locations. For example, in Taiwan the
> Constitution of the Republic of China is the supreme
> law of the land. The NASA license demands that it is
> governed by US Federal Law, which conflicts with the
> ROC's sovereignty and copyright laws and this
> requirement is unconstitutional.
These are serious issuees with respect to international licensing, but
I doubt the NASA license is unconsitiutional in the US. Perhaps in
other countries, but most likely not here :-)
Licenses always must be specific to the country in which they are used
for them to be effective.
The World Trade Organization provides a common framework for licensing
and Intellectual Property standards. Since China is a member of the
WTO it should help address these types of international differences.
> The same probably is true for most locations outside
> the US.
> --- Bryan Geurts <Bryan.A.Geurts at nasa.gov> wrote:
> > This Email was prepared in satisfaction of OSI
> > Certification Process Step
> > ii. Federal Statute mandates that the U.S.
> > Government can only be
> > held subject to United States federal law. See 5.C.
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