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Gray areas in software licensing

Gray areas in software licensing

Posted Feb 16, 2012 9:25 UTC (Thu) by ortalo (guest, #4654)
Parent article: Gray areas in software licensing

It's true that lawyers do not provide definitive answers to legal questions because, in fact, this is the prerogative of tribunals.

Given the many questions raised by OSS with respect to legal issues, have any of the important players in this field taken the approach of "friendly trials"?
I.e.: bring a legal question that could be solved easily via an agreement to a trial on a real case in order to clarify the legal question and obtain some definitive judgment that sets a precedent (in french, that's the "jurisprudence"). It may take several years and funding (as it usually involves going through all the judicial steps: first case, appeal, etc.) and it necessitates truly cooperative parties to bring it to a useful end. However, that brings real answers to face potential unfriendly cases in the future.
The primary problem I see is the fact that such an operation may only be valid in one country at a time (one legal domain in fact).


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