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

[Karan, Cem F CIV USARMY RDECOM ARL (US)]

> -----Original Message-----
> From: License-discuss [mailto:license-discuss-bounces at opensource.org] On 
> Behalf Of John Cowan
> Sent: Wednesday, August 03, 2016 9:57 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:
>
> > She told me that the Berne convention does not change laws in
> > individual countries, it just removes certain formalities.  As such,
> > if the foreign government permits the USG to hold copyright in the
> > foreign country, then the USG is permitted to do so.
>
> Exactly.  In general, whether a foreign person (in the legal sense) A has 
> rights in country B depends only on the laws in country B, which of
> course include any international treaties that B has signed.  The laws of B 
> may make reference in particular cases to the laws of A's
> country, or any other country, of course.  But they don't have to, which is 
> what makes conflicts cases so interesting to a sufficiently geeky
> mind.  And a country can certainly grant more rights to A than a treaty 
> requires it to.

OK, so we're in agreement then?  A copyright-based license may work outside of 
the US because the USG would (probably) have copyright protections there?  As 
far as I know, this hasn't been litigated anywhere, so it may not apply.

So, all we're left with dealing with is within the USA...

> See T. A. Cowan, "Marks of Primitivity in the Conflict of Laws",
> 26 Rutgers L. Rev. 191 (1972-1973), online at <Caution-
> http://heinonline.org/HOL/LandingPage?handle=hein.journals/rutlr26&div=16&id=&page=>
> IANAL, but I am interested in law by jus sanguinis.  :-)

Interesting link!  I wish it weren't behind a paywall, I'd like to read more 
of it.

Thanks,
Cem Karan

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