[License-discuss] [Non-DoD Source] Re: US Army Research Laboratory Open Source License proposal
Karan, Cem F CIV USARMY RDECOM ARL (US)
cem.f.karan.civ at mail.mil
Wed Aug 3 15:18:22 UTC 2016
> -----Original Message-----
> From: License-discuss [mailto:license-discuss-bounces at opensource.org] On
> Behalf Of John Cowan
> Sent: Wednesday, August 03, 2016 9:57 AM
> To: license-discuss at opensource.org
> Subject: Re: [License-discuss] [Non-DoD Source] Re: US Army Research
> Laboratory Open Source License proposal
>
> Karan, Cem F CIV USARMY RDECOM ARL (US) scripsit:
>
> > She told me that the Berne convention does not change laws in
> > individual countries, it just removes certain formalities. As such,
> > if the foreign government permits the USG to hold copyright in the
> > foreign country, then the USG is permitted to do so.
>
> Exactly. In general, whether a foreign person (in the legal sense) A has
> rights in country B depends only on the laws in country B, which of
> course include any international treaties that B has signed. The laws of B
> may make reference in particular cases to the laws of A's
> country, or any other country, of course. But they don't have to, which is
> what makes conflicts cases so interesting to a sufficiently geeky
> mind. And a country can certainly grant more rights to A than a treaty
> requires it to.
OK, so we're in agreement then? A copyright-based license may work outside of
the US because the USG would (probably) have copyright protections there? As
far as I know, this hasn't been litigated anywhere, so it may not apply.
So, all we're left with dealing with is within the USA...
> See T. A. Cowan, "Marks of Primitivity in the Conflict of Laws",
> 26 Rutgers L. Rev. 191 (1972-1973), online at <Caution-
> http://heinonline.org/HOL/LandingPage?handle=hein.journals/rutlr26&div=16&id=&page=>
> IANAL, but I am interested in law by jus sanguinis. :-)
Interesting link! I wish it weren't behind a paywall, I'd like to read more
of it.
Thanks,
Cem Karan
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