Free and Open Source Software (FOSS) and other Alternative License Models

A Comparative Analysis

  • Axel Metzger

Part of the Ius Comparatum - Global Studies in Comparative Law book series (GSCL, volume 12)

Table of contents

  1. Front Matter
    Pages i-xii
  2. General Report

    1. Front Matter
      Pages 1-1
    2. Axel Metzger, Stefan Hennigs
      Pages 3-48
  3. National Reports

    1. Front Matter
      Pages 49-49
    2. Vincent Cassiers, Marie-Christine Janssens, Esther van Zimmeren
      Pages 51-76
    3. Igor Gliha, Romana Matanovac Vučković
      Pages 105-127
    4. Pavel Koukal, Matěj Myška, Jaromír Šavelka
      Pages 141-157
    5. Alexander Peukert, Dominik König
      Pages 201-226
    6. Răzvan Dincă
      Pages 371-385
  4. Back Matter
    Pages 495-507

About this book


This book discusses the main legal questions raised by free and open source software (FOSS) licenses and other alternative license models, such as Creative Commons. The legal questions raised by FOSS and other alternative licenses have been the subject of an intense international debate among legal scholars and practising lawyers in the last years. Courts in different jurisdictions have confirmed that the core features of FOSS licenses are compliant with the respective applicable laws and thus enforceable in the respective jurisdictions. What is still missing so far is an in-depth comparative analysis of the legal issues raised by FOSS, Creative Commons and other alternative license on a worldwide scale. This book presents a general report on FOSS licenses and alternative license models to establish common ground and enable comparison between jurisdictions. The general report is followed by 24 national reports covering the world's most important IT-markets. General and national reports use the same structure to facilitate the comparison. The book shows that despite the differences in their origins, all FOSS projects use detailed licenses for the organisation of their communities. It also shows the differences in the proofing of these licenses by courts in some jurisdictions, and the tailor-made provisions established by some legislators to solve the legal issues raised by the license model.


Code of the Linux kernel Comparative law Contract law and copyright law Copyright legislation Copyright statutes FOSS - Free Open Source Software FOSS and alternative licensing Free Software and creative commons License contracts Mozilla Public License Non-exclusive license Public law regulations regarding FO Specific public procurement regulations Trademark conflicts concerning FOSS World's most important IT-markets

Editors and affiliations

  • Axel Metzger
    • 1
  1. 1.Faculty of LawHumboldt University of BerlinBerlinGermany

Bibliographic information

  • DOI
  • Copyright Information Springer International Publishing Switzerland 2016
  • Publisher Name Springer, Cham
  • eBook Packages Law and Criminology
  • Print ISBN 978-3-319-21559-4
  • Online ISBN 978-3-319-21560-0
  • Series Print ISSN 2214-6881
  • Series Online ISSN 2214-689X
  • Buy this book on publisher's site
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