Copyleft terms may become unenforceable in 11 countries due to the CPTPP

Re:Copyleft terms may become unenforceable in 11 countries d... by dragonwriter on Thursday June 14, 2018 @03:32PM (#17314648)

> If that's a correct reading, then this might have some unintended consequences around government open source projects

Restrictions on states in treaties also restrict their judiciary and their executive in enforcing judicial acts, not just acts taken in running the government administration. So, if the terms conflicted with what the state must do to give effect to enforcemrnt of open source licenses, it would make them unenforceable even if it doesn't prohibit private parties from offering and accepting them.

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Re:Copyleft terms may become unenforceable in 11 countries d... by jcranmer on Thursday June 14, 2018 @03:38PM (#17314695)

The third clause explicitly states "Nothing in this Article shall preclude: (a) the inclusion or implementation of terms and conditions related to the provision of source code in commercially negotiated contracts;"

That is to say, the article is explicitly not prohibiting countries from enforcing copyleft licenses.

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Re:Copyleft terms may become unenforceable in 11 countries d... by dragonwriter on Thursday June 14, 2018 @09:31PM (#17316826)

Most copyleft licenses are not, in the manner normally entered into, “commercially negotiated contracts”, and many are gratuitous licenses, not contracts at all.

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Re:Copyleft terms may become unenforceable in 11 countries d... by jcranmer on Friday June 15, 2018 @03:52PM (#17322969)

Licenses are contracts, legally speaking.

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Re:Copyleft terms may become unenforceable in 11 countries d... by dragonwriter on Friday June 15, 2018 @11:07PM (#17325588)

No, they aren't. Licenses are legal permission, which may either be unilateral and gratuitous with no exchange, or mutual as a (part of a) contract.

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