[License-review] Adapting the license-review process to AI
Pamela Chestek
pamela at chesteklegal.com
Sun Sep 8 21:59:06 UTC 2024
On 9/8/2024 9:56 AM, Shuji Sado wrote:
> In March, I pointed out that the Blue Oak Model License does not
> consider moral rights.
> The consensus in this thread was that, for software programs, not
> considering moral rights is not an issue in most jurisdictions
> worldwide, but it can be a problem in East Asian countries,
> particularly in Japan.
> At the time, I did not take significant action because it seemed to be
> an issue limited to a few countries, and there were not many projects
> adopting this license.
> https://lists.opensource.org/pipermail/license-discuss_lists.opensource.org/2024-March/thread.html#22222
>
> However, recently, there was a request within my organization to apply
> this license, and after discussions with multiple legal department
> members who hold law degrees,
> it was determined that in Japan, the Blue Oak License retains moral
> rights with the authors, posing a risk that usage could be stopped at
> any time.
> This cannot be considered an Open Source Data license. Also, regarding
> data, there are likely many jurisdictions where moral rights are not
> as restricted as they are for software.
Isn't this true of all open source licenses?
Pam
Pamela S. Chestek
Chestek Legal
300 Fayetteville St.
Unit 2492
Raleigh, NC 27602
+1 919-800-8033
pamela at chesteklegal
www.chesteklegal.com
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