[License-discuss] Question about Blue Oak License

[Shuji Sado]

Hi everyone.

# For some reason my email to OSI arrives two days late, so my reply
may be delayed.

I have a question about the Blue Oak Model License.  see
https://opensource.org/license/blue-oak-model-license

This license seems to be an easy-to-read and understandable license
for corporate legal professionals.
However, I have recently started to think that the following copyright
clause may not work in Japan, where I live.

 "Each contributor licenses you to do everything with this software
that would otherwise infringe that contributor's copyright in it."

In Japan, copyright, which is a property right, and moral rights are
separated. Copyright allows you to grant rights to others and to
transfer those rights.
Moral rights, however, cannot be transferred. The BlueOak license
clearly states "copyright," but this would probably be interpreted in
Japan as not including moral rights.
In other words, it seems to me that an author who releases software
under this license can stop users from distributing or modifying the
software at any time.

To prevent this, I think it is necessary to mention the moral rights
in the article or to insert a statement that the software is licensed
for copying, distribution, and modification.

I am writing from a Japanese context, but perhaps there are similar
problems in other jurisdictions that recognize moral rights. I would
like to hear opinions here.

---
Shuji Sado
Chairman, Open Source Group Japan
https://opensource.jp/