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- Title
THE NON-DISCRIMINATION PRINCIPLE IN OPEN SOURCE LICENSING.
- Authors
Greenbaum, Eli
- Abstract
Open source communities have required licenses to satisfy requirements of non-discrimination. This principle of non-discrimination, however, has remained peripheral to the interpretation of open source licenses, with legal analysis concentrating on other aspects of open source regimes. This Article argues that nondiscrimination, far from being marginal to open source, constitutes the central legal characteristic of the licensing model, and that an appreciation of the nondiscrimination requirement is essential for understanding the economic incentives and effects of the open source license. This Article applies this understanding of the non-discrimination principle to interpret specific terms in free and open source licenses. In a number of instances, the interpretation consistent with the nondiscrimination principle stands in contrast to generally accepted understandings of specific license provisions.
- Subjects
NONDISCRIMINATION principle (International law); OPEN source software; JSON (Document markup language); COMPUTER software; DE facto doctrine; ADMINISTRATIVE law
- Publication
Cardozo Law Review, 2016, Vol 37, Issue 4, p1297
- ISSN
0270-5192
- Publication type
Article