[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
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