Free and Open Source Software (FOSS) Licenses and Other Alterative Licenses Under Finnish Law – Hybrid Contracts Including Both Copyright and Contract-Related Elements

Abstract

In Finland, there is no special legislation concerning license contracts, but general principles of both contract law and copyright law are applied to them. In our opinion, when interpreting the extent of license grants under alternative licenses, the principle of narrow interpretation of the license grant should be followed. However, some clauses, such as limitations of liability, are better considered as contractual elements of the license contract and, consequently, should be interpreted in accordance with contract law principles instead. In effect, alternative licenses may usually be characterized as hybrid contracts including both copyright and contract-related elements subject to different principles of interpretation. So, for example, while limitations of liability obviously have a built-in relationship with the copyright license, it does not mean that terms concerning limitations of liability should be interpreted in favor of the author in the same way as the actual license grant.