PT Journal
AU Metzger, A
TI Transnational Law for Transnational Communities The Emergence of a Lex Mercatoria (or Lex Informatica) for International Creative Communities
SO JIPITEC
PY 2012
BP 361
EP 368
VL 3
IS 3
DE Choice of Law; Creative Commons; Lex Mercatoria; Open Source Software; Private International Law
AB Open Source Communities and content-oriented projects (Creative Commons etc.) have reached a new level of economic and cultural significance in some areas of the Internet ecosystem. These communities have developed their own set of legal rules covering licensing issues, intellectual property management, project governance rules etc. Typical Open Source licenses and project rules are written without any reference to national law. This paper considers the question whether these license contracts and other legal rules are to be qualified as a lex mercatoria (or lex informatica) of these communities.
ER