The NASA license may be unconstitutional? Re: For Approval: NASA Open Source Agreement Version 1.1

[Richard Schilling]

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.

Richard Schilling



> 
> 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.
> --
> license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3
> 
> 
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