Systems within systems – free and open source software licences under German and United States law
<p>Free and Open Source Software (FOSS) licences channel the exclusionary and individualising force of copyright to establish a qualitatively different, somewhat subversive, system for the exploitation of software. This thesis examines how it is that FOSS licences establish this 'system w...
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| Format: | Thesis |
| Idioma: | English |
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2017
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| _version_ | 1826316520127463424 |
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| author | Dysart, T |
| author2 | Dinwoodie, G |
| author_facet | Dinwoodie, G Dysart, T |
| author_sort | Dysart, T |
| collection | OXFORD |
| description | <p>Free and Open Source Software (FOSS) licences channel the exclusionary and individualising force of copyright to establish a qualitatively different, somewhat subversive, system for the exploitation of software. This thesis examines how it is that FOSS licences establish this 'system within a system' under both German and United States law. The inquiry begins with a detailed examination of FOSS licence templates as the instruments which transform code from its default position as the 'res' of proprietary relations to its status as 'open' or 'free'. The thesis then considers whether FOSS licence templates, as the legal basis for this subversive move, are valid and enforceable under domestic law. In addressing this question, the thesis undertakes a critical analysis of the leading case law in each jurisdiction. Going beyond the immediate case law, the thesis considers the broader systemic effects of FOSS licence enforcement. It highlights how building a system within a system foments certain tensions and contradictions within the law, in turn giving rise to unintended consequences and legal uncertainty. By highlighting these tensions, the thesis argues that the questions of FOSS licence enforcement in Germany and the United States may not be as settled as some may think.</p> |
| first_indexed | 2024-03-06T21:35:44Z |
| format | Thesis |
| id | oxford-uuid:4632118c-1ef6-47b9-ac89-2b3c7889f881 |
| institution | University of Oxford |
| language | English |
| last_indexed | 2024-12-09T03:46:32Z |
| publishDate | 2017 |
| record_format | dspace |
| spelling | oxford-uuid:4632118c-1ef6-47b9-ac89-2b3c7889f8812024-12-08T09:01:15ZSystems within systems – free and open source software licences under German and United States lawThesishttp://purl.org/coar/resource_type/c_db06uuid:4632118c-1ef6-47b9-ac89-2b3c7889f881ContractLicensingCopyrightComparative LawLawIntellectual Property LawEnglishORA Deposit2017Dysart, TDinwoodie, G<p>Free and Open Source Software (FOSS) licences channel the exclusionary and individualising force of copyright to establish a qualitatively different, somewhat subversive, system for the exploitation of software. This thesis examines how it is that FOSS licences establish this 'system within a system' under both German and United States law. The inquiry begins with a detailed examination of FOSS licence templates as the instruments which transform code from its default position as the 'res' of proprietary relations to its status as 'open' or 'free'. The thesis then considers whether FOSS licence templates, as the legal basis for this subversive move, are valid and enforceable under domestic law. In addressing this question, the thesis undertakes a critical analysis of the leading case law in each jurisdiction. Going beyond the immediate case law, the thesis considers the broader systemic effects of FOSS licence enforcement. It highlights how building a system within a system foments certain tensions and contradictions within the law, in turn giving rise to unintended consequences and legal uncertainty. By highlighting these tensions, the thesis argues that the questions of FOSS licence enforcement in Germany and the United States may not be as settled as some may think.</p> |
| spellingShingle | Contract Licensing Copyright Comparative Law Law Intellectual Property Law Dysart, T Systems within systems – free and open source software licences under German and United States law |
| title | Systems within systems – free and open source software licences under German and United States law |
| title_full | Systems within systems – free and open source software licences under German and United States law |
| title_fullStr | Systems within systems – free and open source software licences under German and United States law |
| title_full_unstemmed | Systems within systems – free and open source software licences under German and United States law |
| title_short | Systems within systems – free and open source software licences under German and United States law |
| title_sort | systems within systems free and open source software licences under german and united states law |
| topic | Contract Licensing Copyright Comparative Law Law Intellectual Property Law |
| work_keys_str_mv | AT dysartt systemswithinsystemsfreeandopensourcesoftwarelicencesundergermanandunitedstateslaw |