Linux Clause

Thanks to Norbert Klein for providing the following information:

"Very often startup musicians could get their music/songs only onto CDs of established music distributors if they declared not to request any financial returns.

"When new legislation was drafted to protect intellectual property, a clause was entered saying that 'to relinquish claims on remuneration from the outset' is prohibited - as a measure to protect weak intellectual property holders against powerful distributors with extensive market access and power.

"But this would also mean: No free software! - as it is according to such legislation prohibited that the owner of intellectual property should get into a situation where they are made to relinquish remuneration claims.

"Therefore a special clause for software, where the author declares to distribute it free of financial claims, was added - and this is conveniently called the 'Linux clause'.

"I know that in the US there are from time to time discussions saying that freely distributed software breaks the (business) model of intellectiual property protection. The 'Linux clause' seems to be a good model to clarify this issue."

We have separate pages for:

• Open Source Germany

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