[Harmony-Drafting] Porting Harmony

Walter van Holst walter.van.holst at xs4all.nl
Thu Jan 12 07:00:42 UTC 2012


On 1/12/12 1:17 AM, Andrew Rens wrote:
> Hi Walter
>
> You may have noticed that after porting the Creative Commons licenses to
> many jurisdictions that Creative Commons is now trying to create a
> single unified license that will be so effective in all jurisdictions
> that the need for porting is eliminated.

Dear Andrew,

In my opinion making the agreements universal will be a lot harder than 
in the case of the CC-license. If only because software carries product 
liability (which is acknowledged in the upcoming EU Consumer Protection 
Directive by extending the minimum level of warranties for consumer 
transactions to software).

Also, while drafting the Harmony Agreements, several choices were made 
under the explicit assumption that we would go for Anglo-American 
jurisdictions first.

> Are there specific European/Netherlands issues that you've identified?
> Or would it be easier to identify the issues through the exercise of
> porting?

I am sure that during the exercise of porting additional issues will pop 
up. I do remember from our conference calls that in addition to 
liability, especially the issue of transferring copyrights is very 
jurisdiction-sensitive.

Regards,

  Walter


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