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About this book
A number of legal challenges need to be addressed in order to ensure the most efficient deployment of open content licences in Europe and in the Netherlands, not least because most open source licences originate from the United States. This study gives an overview of the current legal situation regarding the use of open source software licences and investigates how the most commonly used open source software licences measure up to Dutch and European law. How does the distinct production and distribution model of open source licences fit in the current legal framework? Does the current legal environment support the use of open source licences or does it rather impede their use? In this last case, would certain adaptations to the law or to the licence terms be appropriate?
By its in-depth analysis and clear conclusions, Unravelling the Myth around Open Source Licences amply contributes to the understanding of this complex field that policy makers, regulators, and academics so crucially require. Taking the provisions of the GNU GPL, the BSD, and the Mozilla Public Licence as examples, it investigates the implications of open source licensing from a private law, copyright law and patent law perspective. It also takes a brief look at the issue of the enforcement of these licences. To facilitate the use and enforcement of open source software licences in Europe, and more particularly in the Netherlands, the authors conclude their study by making a number of recommendations for the adaptation of the licence terms with a view to enhancing their compliance with the legal requirements.
Lucie Guibault is Senior Researcher at the University of Amsterdam’s Institute for Information Law (IViR). Ot van Daalen is an attorney with the firm of De Brauw Blackstone Westbroek in Amsterdam.
This is Volume 8 in the Information Technology and Law (IT&Law) Series
Authors and Affiliations
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niversity of Amsterdam, Amsterdam, The Netherlands
Lucie Guibault
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e Brauw Blackstone Westbroek, The Hague, The Netherlan s
Ot van Daalen
Bibliographic Information
Book Title: Unravelling the Myth around Open Source Licences
Book Subtitle: An Analysis from a Dutch and European Law Perspective
Authors: Lucie Guibault, Ot van Daalen
Series Title: Information Technology and Law Series
Publisher: T.M.C. Asser Press The Hague
eBook Packages: Law and Criminology (R0)
Copyright Information: T.M.C. Asser Press 2006
Hardcover ISBN: 978-90-6704-214-7Published: 23 March 2006
Series ISSN: 1570-2782
Series E-ISSN: 2215-1966
Edition Number: 1
Number of Pages: 224
Topics: IT Law, Media Law, Intellectual Property, Legal Aspects of Computing