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Does the open source agreement have legal effect?
2022-07-25 21:26:00 【Dot Xiaowen brother】
Whether the open source agreement has legal effect ? Does the law of our country recognize the open source agreement ?
When looking up the file, I found , There is .
stay 2021 In a case sentenced by Guangzhou intellectual property court , The court said ,GPL V3 The agreement is of a contractual nature , It is a formatted copyright agreement between the Licensor and the user , It belongs to the scope of the adjustment of China's Contract Law .
First ,GPL V3 The content of the agreement has the characteristics of contract , It belongs to the scope of broad contract , It is also a civil legal act formed between the Licensor and the user for the purpose of open source software source code , Copy in user 、 modify 、 The agreement is established and takes effect when the source code is released . secondly ,GPL V3 The agreement is an atypical contract , The author of open source software transfers some personal rights and all property rights of his copyright to unspecified users , The object of right granting is uncertain , In exchange for the user's commitment to abide by the license conditions and obligations of the open source license agreement . Again ,GPL V3 The agreement is a format contract , Pre prepared for specific open source project development , The terms of the contract proposed by the copyright holder to the user of the software program , The commitment to the agreement is made through behavior , namely GPL V3 Agreement No. 9 Stipulated in article , Once a protected work is modified and disseminated , It indicates its acceptance of this agreement .
Intercepted from :GPL3.0 Another case of agreement , Clarify the legal effect of the open source agreement again - You know
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