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Intellectual Property Law

: Groklaw

KDE Adopts Fiduciary Licence Agreement Option

By Pamela Jones et al.

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KDE has decided to offer its code contributors an option to use a Fiduciary License Agreement that it worked out with FSFE's Freedom Task Force. It's a recommendation, not a requirement. It's a copyright assignment vehicle designed to ensure legal maintainability of the project. And I hear that the response has been very positive already.

At first I was going to put the FSFE press release in News Picks, but I consider this such a wise legal decision on KDE's part, because -- as the press release phrases it, it "enables projects to ensure their legal maintainability, including important issues such as preserving the ability to re-license and certainty to have sufficient rights to enforce licences in court" -- that I am putting it here, so you will consider it too for your project, especially if yours is an international project. You may recall Groklaw's Sean Daly interviewed Shane Coughlan, who leads the Freedom Task Force project, when it was first announced in early 2007. If you have questions, here's the Freedom Task Force contact page. Notice in the press release that the FLA template was used to come up with an FLA for KDE in particular, and you can do something similar for your project, with the Freedom Task Force's help.

I also wanted to mention that FSFE has a Legal and Technical Network now:

The Freedom Task Force coordinates a European Legal and Technical Network. Each participant is referred to as a 'delegate' of the respective network. Membership is by invitation only and if you are interested in participating you can contact us.

Our goal is to strengthen the legal foundation of Free Software through building connections between professionals and researchers active on the continent. The network currently has over 50 legal experts, over 30 technical experts and covers sixteen European countries. It also maintains contacts in Canada, the USA, South Korea, Singapore and Taiwan.

Some network delegates are explicitly recommended by FSFE. To be explicitly recommended the delegate must be approved by the governing council of FSFE.

I think, after thinking a lot about Jacobsen v. Metzer, that the US needs something similar, a place where you can go to find attorneys who know something about FOSS and understand how to protect your interests without doing damage to the FOSS ecosystem at large.

Full post as published by Groklaw on August 23, 2008 (boomark / email).

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