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GNU is Not Unix Government The Courts News

Launch of First International FOSS Law Review 30

Posted by kdawson
from the peer-reviewed-copyleft dept.
Graeme West writes "A group of tech lawyers has announced the release of the inaugural issue of the International Free and Open Source Software Law Review (IFOSS L. Rev.) — a place for high-level discussion of issues and best practice in the implementation of FOSS. You can view the announcement, or skip straight to Volume 1, Issue 1. A downloadable PDF file is also available. The journal is open access, and articles are CC licensed."
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Launch of First International FOSS Law Review

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  • Re:Quite Honestly (Score:3, Insightful)

    by Undead Waffle (1447615) on Wednesday July 15, 2009 @03:08AM (#28700795)

    I think you've kind of missed the point. The "best practices" are likely more related to how you need to cover your ass to avoid being sued for IP issues or how to file your own patents if you're interested. It makes sense if you think about it. While businesses are trying to build up their software patent portfolios open source projects often ignore this side of things. While you may not be interested in filing patents the minefield will only get bigger over time and it helps when a group of lawyers is throwing out some friendly advice on how to stay out of trouble.

  • by Anonymous Coward on Wednesday July 15, 2009 @03:22AM (#28700841)

    The paper seem to focus on case law. That only involves some former British colonies. Most countries create their laws and regulations through their political system, not their judicial system. Separation between legislative and executive powers are a really good thing from a democracy viewpoint. It means people are less likely to get abused by the legal system and that the process of creating, and decisions and motivations behind, a law or regulations become easy to follow, criticise and rectify for common people. It also make the legal system less complicated, cheaper and more robust. Common Law systems have a really bad track record compared to Civil Law systems.

    Yeah, I know that even something that only involves two countries could be called "international", just like you could create a "internet" containing only two networks. But in this case the word international implies something more then just Common Law.

  • by aaribaud (585182) on Wednesday July 15, 2009 @04:50AM (#28701127)
    As someone living in France, where law is created by representatives and not judges, I would like to respectfully disagreee on the 'people being less likely to get abused by the legal system' when law come fro the legislative power. You just look at what's going through our reps at this time, mostly dealing with intellectual property. Basically, the HADOPI laws are designed by the executive power, with tacit acceptance, if not approval, of the legislative power, to actually evade control by the judicial power; and this is not because the judicial power would be unfair to the citizen: that's because the judicial power would bar the administration (thus the executive power) from assuming citizen guilty and stamping on their right for fair trial, freedom of speech and privacy. And this is not a dangerous activist saying so; this is the Conseil Constitutionnel, the very institution whose mission is to ensure that french laws respect the french Constitution.

"It's in process": So wrapped up in red tape that the situation is almost hopeless.

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