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Reconstructing the Software License

Madison, Michael J (2003) Reconstructing the Software License. Loyola University of Chicago Law Journal, 35 (1). 275 - 340. ISSN 0024-7081

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This article analyzes the legitimacy of the software license as a institution of governance for computer programs. The question of the open source license is used as a starting point. Having conducted a broader inquiry into the several possible bases for the legitimacy of software licensing in general, the article argues that none of the grounds on which software licensing in general rests are sound. With respect to open source software in particular, the article concludes that achieving a legitimate institutional form for the goals that open source proponents have set for themselves may require looking beyond licensing as such.


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Item Type: Article
Status: Published
CreatorsEmailPitt UsernameORCID
Madison, Michael Jmadison@pitt.eduMADISON0000-0001-6503-754X
Date: 2003
Date Type: Publication
Journal or Publication Title: Loyola University of Chicago Law Journal
Volume: 35
Number: 1
Page Range: 275 - 340
Institution: University of Pittsburgh
Schools and Programs: School of Law > Law
School of Law > Law > Faculty Publications
Refereed: Yes
ISSN: 0024-7081
Date Deposited: 26 Jul 2011 20:32
Last Modified: 31 Jul 2020 18:59


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