[License-discuss] [Non-DoD Source] Re: US Army Research Laboratory Open Source License proposal

[Maarten Zeinstra]

--
Kennisland | www.kl.nl <http://www.kl.nl/> | t +31205756720 | m +31643053919 | @mzeinstra

> On 03 Aug 2016, at 19:42, Karan, Cem F CIV USARMY RDECOM ARL (US) <cem.f.karan.civ at mail.mil> wrote:
> 
>> -----Original Message-----
>> From: License-discuss [mailto:license-discuss-bounces at opensource.org] On 
>> Behalf Of John Cowan
>> Sent: Wednesday, August 03, 2016 11:39 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:
>> 
>>> A copyright-based license may work outside of the US because the USG
>>> would (probably) have copyright protections there?
>> 
>> Depending solely on local law, so there is no uniform answer.
> 
> Yes, which is why I said 'may'.  It has to be litigated in each jurisdiction 
> to know for certain how it will go.
> 
>>> As far as I know, this hasn't been litigated anywhere, so it may not 
>>> apply.
>> 
>> That wouldn't matter if there was an explicit or implicit statutory grant in 
>> the foreign country.  If only the Berne Convention holds, then
>> the "We give you 0 years because you give yourself 0 years" argument kicks 
>> in.
> 
> I see what you're saying, and it's an interesting point of view.  Are there 
> any countries that are signatories to the Berne Convention that hold this 
> point of view?

Most likely all of them when it comes down to a court case, but as you said there is no known case law here.

> 
>>> Interesting link!  I wish it weren't behind a paywall, I'd like to
>>> read more of it.
>> 
>> Me too.  Ask a lawyer friend to send you a copy (and me, while you're at 
>> it).
>> My father's preprint copy moldered away a long time ago.
> 
> What, and violate copyright, the very thing we're discussing right now? ;)
> 
> Thanks,
> Cem Karan
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