Free licenses in the draft amendments to the Civil Code
Yesterday, a draft of amendments to Part 4 of the Civil Code of the Russian Federation appeared on the website of the Supreme Arbitration Court of the Russian Federation . This project, in particular, proposes to introduce regulation to provide free use of the result of intellectual activity to an unlimited number of persons (what is commonly called free licenses), grounds for liability of Internet providers and other changes.
So, the article 1233 of the Civil Code proposes to supplement the draft with paragraph 6 as follows:
The rightholder can make publicly, that is, by communicating to an indefinite circle of persons, an application for providing any person with the opportunity to use his intellectual property free of charge under the terms and conditions specified by him. During this period, any person is entitled to use this result on the specified conditions.
If there is no indication in the statement of the right holder for the term, it is considered that this term is five years.
During the term of the application can not be withdrawn, and its terms of use can not be changed.
Thus, if the project is adopted, we will receive a separate regulation of free licenses. Such an undertaking can not but rejoice. There is one “but” truth, namely, that during the term of the offer, the right holder does not have the right to change its conditions or withdraw it. In other words, if I, as the copyright holder, have placed my work in this way and, for example, have allowed only its non-commercial use, then altering it will not work. Perhaps, of course, the recognition through the court of the void of my offer, but these are all workarounds.
So, the article 1233 of the Civil Code proposes to supplement the draft with paragraph 6 as follows:
The rightholder can make publicly, that is, by communicating to an indefinite circle of persons, an application for providing any person with the opportunity to use his intellectual property free of charge under the terms and conditions specified by him. During this period, any person is entitled to use this result on the specified conditions.
If there is no indication in the statement of the right holder for the term, it is considered that this term is five years.
During the term of the application can not be withdrawn, and its terms of use can not be changed.
Thus, if the project is adopted, we will receive a separate regulation of free licenses. Such an undertaking can not but rejoice. There is one “but” truth, namely, that during the term of the offer, the right holder does not have the right to change its conditions or withdraw it. In other words, if I, as the copyright holder, have placed my work in this way and, for example, have allowed only its non-commercial use, then altering it will not work. Perhaps, of course, the recognition through the court of the void of my offer, but these are all workarounds.
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Source: https://habr.com/ru/post/109537/
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