RFC: OpenChain Curriculum @ Argentina

By November 7, 2018 News

Gustavo G. Mármol Alioto has shared proposed localization of the OpenChain Curriculum Reference Training Slides for Argentina. This material is intended to help those located in Argentina with an interest in OpenChain adoption. The proposal is to add an “interchangeable or removable slide” to the OpenChain Curriculum Reference Training Slides for the OpenChain Specification 1.2. It would be added adjacent to Slide 8 in “Chapter 1: What is Intellectual Property?”. This new slide would be accompanied by an additional chart that compares aspects of US and Argentina Copyright Law to facilitate understanding.

How can you help? Please review the material and provide comments. You can provide feedback via our mailing list or directly on the Github repository.

Our mailing list is here:

The original OpenChain Curriculum Reference Training deck is here:

The proposed new slide is here:

The comparison between US and Argentinean copyright law is here:

The project Github repository is here:

FAQ

a) Does the “Comparative Chart” (US- Argentina) constitutes a “final version”?

No, it does not. The comparative chart (US- Argentina) already sent constitutes only an expression in “draft” of an idea that I´ve prepared being a non-US attorney, so it would be much appreciated if US-attorneys from the list can review it. The comparative´s draft should contain some interested “key concept” approved by the list members, that someone being located in Argentina (or any other jurisdiction) probably be interested to know when reviewing the potential adoption of the Open Chain Specification.

b) What reasons you may have to think that people located in Argentina might be interested in having a “comparative chart”?

The idea behind is that helps in the adoption of the Open Chain Specification in Argentina.

I believe that open source technology is a global phenomenon, but its licensing and its ethic compliance, very, unfortunately, is not well known around the world equally. Dealing with open source licensing regarding inbound and outbound rights/obligations it does not constitutes an easy task, and when rules are not known or interpreted according to some of the principles already developed in the industry, the thing can be even worst.

The Curriculum material training has been prepared taking into account the US Law (Copyright, Patents, etc), but it is crystal clear that some concepts provided in their slides such us “distribution” and “derivatives works” should be interpreted taking into account the local law, (most when in the same US the FOSS community have some disagreement). Well, thinking that a “little help can help a lot” a comparative chart that takes some key concepts from both legal systems might help in the adoption of the Open Chain Specification. But how?. Well, just providing some concepts and showing that there are not so many differences between both systems.

In another hand, a secondary goal could be to reduce the gap between “two open chain specification adopted in different countries”. The comparative chart can help in some of the topics that are not considered by the local commercial practice (i.e. Is the literal copying of a significant portion of “source code” always sufficient to establish that a second work is a derivative work of an original program?. Can a second work be a derivative work of an original program even though absolutely no copying of the literal source code of the original program has been made?. )

c) So, what would be the “comparative chart” goal?

As stated above the main objective is to contribute or help in the adoption of the Open Chain Specification in Argentina by explaining a few key point approved by the member list, that the differences of both legal systems are not substantial at the point that with the comparative chart the legal departments do not object their review just because the Curriculum training materials state: “These slides follow US law. Different legal jurisdictions may have different legal requirements. This should be taken into account when using these slides as part of a compliance training program”.