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Open Source: International Support for Licenses?
While nations, international organizations and businesses conference about encouraging the use of Open Source software and content, a key piece for the foundation of its international success is still missing: an internationally valid open source license. Currently, the most frequently found Open Source licenses suffer from defects that are reflected in cases such as IBM's counterclaim against SCO and in Civil Law systems which find systemic problems with something for free, but with strings attached, no consideration of consumer protection laws and wholesale waivers for liability. Pragmatically, Open Source licenses overcome that barrier by barring the use of the underlying product or work where the license would not be valid.
That pragmatic approach is of little value, from a legal perspective, if Open Source licenses should be defective in a considerable number of systems. The barrier impedes wide distribution and support of Open Source products. At present, the licenses seem to be at least questionable.
Therefore, promoters of Open Source licensing should also consider an international legal umbrella for such licenses, possibly supported by international organizations keen on using and releasing Open Source products and nations that have recognized that their economic future lies with Open Source. -- Clemens Kochinke, Berliner, Corcoran & Rowe, LLP.
Wed, / Embassy Law Link