
On May 27, 2025, a webinar highlights the shortcomings of European law, which stems from a text written... 35 years ago! Indeed, the 2009/24/EC Directive on the legal protection of computer programs faithfully reproduces a much older text, dated 1991.
No mention of open source, of dependencies, of AI… This leads to a great deal of uncertainty regarding copyright rules: when can we still talk about a derivative work? If artificial intelligence creates a program from available open source code, is it a derivative work?
This definition, ultimately, should not belong to the license, but rather to the applicable law. Should the directive be updated?
Take a look at the attached “non-paper” and provide your ideas in the discussion.
Discussion results could be considered in a revised EC open source strategy (2026-2030) …

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