[License-review] For Approval: The Cryptographic Autonomy License

Lukas Atkinson opensource at lukasatkinson.de
Sat Apr 27 17:16:02 UTC 2019

> The definition for "Public Performance" is "using the Software to take
> any action that implicates the rights of public performance or public
> display of a work under copyright law."  Query how this plays out under
> EU law specifically. I hope EU readers more knowledgeable than me chime
> in, but I don't read any equivalent right under EU law, so I don't know
> what an EU court would do with it. Ignore it because there is no such
> thing in the EU? Consider it equivalent to distribution?

NAL, but the WIPO treaty (Art 8) and the EU Copyright Directive 2001/29/EC
(Art 3) and others contain an author's right of “communication to the
public” which seems broadly similar to a remote, user-initiated public
performance. While I don't know about public performance of software,
communication to the public has led to some novel conclusions in the EU,
for example that hyperlinking a work constitutes communicating the work to
the public. Applying a public performance right to software feels far less
surprising, in comparison.

I don't think the CAL should be amended to include jurisdiction-specific
terms. It is sufficiently clear without them. But since WIPO is widely
implemented international law, referencing it could be most useful. Note
that WIPO also equates computer programs with literary works, which is
important for the CAL to work.
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