Open source: the Russian experience (legislation and practice)
The emergence of so-called “free” or “open source” software and the growth of its economic importance in various industries makes questions regarding the legal status of free/open source licenses especially important. In December 2010 new draft amendments to the Russia’s Civil Code were published, introducing new concepts in order to reflect the ideas pursued by these types of licenses. This article analyzes existing problems with the legal status of free/open source licenses, whether proposed amendments may solve them, and what risks they may create. Since Russia is among the first countries trying to include provisions on free/open source licenses in its legislation, such analysis may be of interest to foreign lawmakers since the concept of open source is universal all over the world.
In my previous publication I tried to show how personal data legislation may be used for achieving national sovereignty purposes. In this one I will demonstrate how open source software may be used for achieving similar purposes. However, interplay between local copyright law, public procurement law and open source community norms create lots of issues relating to the legal status and ownership in modified software based on open source. It becomes especially actual in cases with so-called copyleft open source licenses, where a collision occures between copyright as an absolute right enforceable against the world and the copyleft provisions of license agreement, which may be treated as “rights in personam” enforceable only against the licensee. Exclusive right to derivative software as an independent object of copyright may come into conflict with restrictions inherited from incoming copyleft license. This paper provides an overview and analysis of such problems faced by Russian software developers attempting to comply with Russian import substitution provisions by using open source components. Although, it is based on Russian law, it may be applicable to other jurisdictions, since it is driven by general aspects of copyright law and its interaction with private international law and contract law. The paper concludes that the developer of software, containing code licensed under GPL or other copyleft provisions receives full exclusive right to the derivative software and can commercialize it as he sees appropriate, subject only to possible claims on breach of contract, not on copyright infringement. This opens wide perspectives for using open source components regardless of the type of license used as bricks for building de-globalized economy and society based on information sovereignty principles.
Alexander Savelyev. Russia’s new personal data localization regulations: A step forward or a self-imposed sanction? // Computer Law & Security Review. Volume 32/1, 2016. P. 128-145.
In this article, we outline how changes in our information ecosystem are creating new opportunities to support human resource development in advanced and developing economies.
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter