Jurisdictional neutrality (was Re: Copy-Back License draft for discussion)

Brendan Scott lists at opensourcelaw.biz
Wed Apr 27 02:00:47 UTC 2005

Gregory Aharonian wrote:
> Larry rosen responds to:

[Discussion about 17 USC 102(b) etc]

This discussion may be relevant in the US, but to the rest of us is not all that relevant. (well - at least not until it's imposed domestically by the next Bilateral [!F]TA). 

It would be preferable (IMO) for OSI to adopt a position of jurisdictional neutrality in licenses, or, at least, encourage jurisdiction specific material to be included in a severable portion of the relevant license.  This would mean drafting licenses by reference to actions, rather than legal constructions (eg "modification" rather than "production of a derivative work").  To the extent (eg in the US) a modification doesn't constitute a derivative work, the actor does not need to rely on the license to create the modification.  


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