Copyright, Contract and FOSS

McDonagh, Luke 2013. Copyright, Contract and FOSS. Shemtov, Noam and Walden, Ian, eds. Free and Open Source Software: Policy, Law and Practice, Oxford: Oxford University Press, pp. 71-108.

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Abstract

Over the course of this chapter three crucial aspects of the law’s relationship with FOSS licenses are reviewed. Firstly, a comparison of the licenses themselves is outlined with particular regard to copyright provisions. In this respect, it is noted that while there is a great diversity of FOSS licenses, the licenses broadly fall into one of three categories – ‘no copyleft’, ‘weak copyleft’ and ‘strong copyleft’. Secondly, the debate over enforcement is discussed, focusing on the question of whether these licenses typically operate as ‘bare licenses’ or whether they are in fact ‘contracts’. This is an important issue because different legal consequences flow with regard to each category. Moreover, this is an issue which is difficult to resolve given the fact that FOSS typically operates online, across national boundaries, while different legal rules apply in various national jurisdictions. Thirdly, the compatibility of the most significant FOSS licenses is examined.

Item Type:	Book Section
Date Type:	Publication
Status:	Published
Schools:	Law
Subjects:	K Law > K Law (General) K Law > KD England and Wales
Publisher:	Oxford University Press
ISBN:	9780199680498
Last Modified:	08 Apr 2020 15:16
URI:	https://orca.cardiff.ac.uk/id/eprint/60877

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