Copyright and Open Source Software Licensing

I wrote this some time back for my dissertation for my Masters in Law (LLM) degree in 2005. I was planning to publish it in the Virginia Journal of Law and Technology at the University of Virginia but even though it was accepted there was some mix-up in the administration and the article was shelved. I didn’t have time to follow up with it and after a while, gave up getting it published. In the end I just placed it in the bepress Legal Repository.

Copyright and Open Source Software Licensing

Enjoy!

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Graduation day!

I graduated today from my Graduate Certificate in International Arbitration. The passing rate was much lower than I expected — only 22 our of 32 in the class graduated today — that was quite a humbling thought as well.

Graduation Graduation all photo
So, I’m an arbitrator now. Well, not yet, not until I handle a real case at least. But what I’ve learnt during the classes and the practicum are useful nonetheless. It reminded me of a discussion about CMMI effectiveness and the neutrality and fairness of any CMMI evaluation, since the lead appraiser can sometimes come from the same organization, and the other appraisers in the SEPG are usually from the same organization itself. From that perspective, arbitration really covered all grounds regarding neutrality and fairness, very rigourously and it is an interesting comparison. My studies on Law has given me much new perspective when looking at processes and management.

Anyway. I’ll be joining the Singapore Institute of Arbitrators as a Fellow as soon as I send in my application. See what happens next.

I passed my GCIA!

I passed! I now officially have a Graduate Certificate in International Arbitration and I qualify for direct admission as a Fellow of the Singapore Institute of Arbitrators (SIArb).

It was tight, I admit, but the pass is all that counts. But I didn’t do too badly on my Award-Writing Practicum honestly, I thought I’d fail with that. Instead I did worse in my Arbitration Law and Practice paper.

Hurray!

It’s over!

My draft award writing exams are finally over! That has been occupying most of my free time for the past month or so, and it’s a great relief that it’s finally done with. One word — arbitration is much harder than it sounds or looks. It’s both an art and a skill — I think the psychological factor is probably the harder of the two. To be truly neutral, or if not, to at least look damn close neutral is tough work. It’s not about poker face either — it’s about reassuring the parties that you are fair and just and they have to believe it. Judges have it easy since their powers are derived from the law and the consitution (in many countries) but arbitrator’s powers are derived from the parties who appointed him or her to be the arbitrator. It’s literally power from the people. As Prof Boo (my lecturer) said — it’s like being a politician.

The final award writing part is the toughest amongst the 3 exams — writing a coherent and sensible award in 3 hours is no kidding. I’m not confident at all that I will pass this one …

But I suppose the harder part is yet to come. If I ever do pass and graduate, I think the hardest part would be to get people to trust me enough to appoint me to arbitrate their disputes. That’ll take a lot of selling though.

It’s over!

My draft award writing exams are finally over! That has been occupying most of my free time for the past month or so, and it’s a great relief that it’s finally done with. One word — arbitration is much harder than it sounds or looks. It’s both an art and a skill — I think the psychological factor is probably the harder of the two. To be truly neutral, or if not, to at least look damn close neutral is tough work. It’s not about poker face either — it’s about reassuring the parties that you are fair and just and they have to believe it. Judges have it easy since their powers are derived from the law and the consitution (in many countries) but arbitrator’s powers are derived from the parties who appointed him or her to be the arbitrator. It’s literally power from the people. As Prof Boo (my lecturer) said — it’s like being a politician.

The final award writing part is the toughest amongst the 3 exams — writing a coherent and sensible award in 3 hours is no kidding. I’m not confident at all that I will pass this one …

But I suppose the harder part is yet to come. If I ever do pass and graduate, I think the hardest part would be to get people to trust me enough to appoint me to arbitrate their disputes. That’ll take a lot of selling though.