Free Software, Creative Commons and Alternative Licenses: Spanish Perspectives

Abstract

This contribution provides a general overview of the main legal issues raised by license contracts in the field of free and open source software and other alternative license models, like creative commons, from the perspective of Spanish Law. Particular attention is paid to contract law and intellectual property issues. Formation of contract, formal requirements, validity of certain typical clauses and standard terms, warranties and liability are among the contract law issues considered. Possible constraints resulting from copyright law are also addressed. An analysis of Spanish case law on alternative licenses, in particular, creative commons, is also provided.