[odc-discuss] ODbL comments in German from Axel Metzger
usenet at ulfm.de
Tue Aug 4 17:06:44 UTC 2009
Frederik Ramm schrieb:
> I cannot translate this literally but this lists three possible
> interpretations of the choice of law clause, one being the law of the
> country where the "fact finding" is being done, one being the law of the
> country where the case is brought to court, and the third being the law
> of the country where the copyright or database rights governed by the
> license originate. "The ODbL authors should really fix this in the next
> version of the license."
I think it says the clause could be read to refer to the laws of where
the case is tried, or the laws of where the court decision is sought to
be enforced, or the laws (including contract law) of the legislation
whose intellectual property provisions are sought to be enforced. These
could all be distinct in an international setting.
Has the comment been published on the IFROSS website? I coudln't find it
By the way, Axel Metzger is the law professor responsible for the
so-called "Linux clause" in German copyright law (a provision that
allows licensors to waive their right to collect license fees, making
open licenses possible).
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