Managing commercial risks in open source software licensing

Legal context: The article reviews the commercial risk allocation clauses intypical open source licence terms and discusses their enforceabilityand implications. Key points: The enforceability of warranty disclaimers and limitation ofliability clauses in common open source licence terms is questionable,particularly in a cross-border context, and commercial licensorsshould take additional steps to protect themselves from down-streamrisks. Practical significance: Open source software presents a number of unusual commercialissues, because it is available free of charge and the providerstry to disclaim warranties and liabilities. End users and resellershave to adjust their own in- and out-licensing models to accommodatethis situation.     

More Twists, Turns and Stumbles in the Jungle: A Further Exploration of Land Use, Land-Use Change and Forestry Decisions within the Kyoto Protocol

This article traces the history of decisions relating to land use, land-use change and forestry (LULUCF) under the United Nations Framework Convention on Climate Change and the Kyoto Protocol, for the period from 2001 until the present. It follows from an earlier article written by the author. As times progress, matters relating to LULUCF become more convoluted and complex. The article explores such issues as the definition of a forest, what constitutes 'Kyoto land', modalities for afforestation and reforestation under the Clean Development Mechanism, greenhouse gas inventories, reporting and reviews, and possible actions to reduce emissions from deforestation. The article also looks at the role of the Intergovernmental Panel on Climate Change and its input into the science and policy-making process relating to LULUCF.     

Teaching Students How to Use Emotions as They Negotiate

Given that emotions are inescapable and complex, how do you teach students how to deal with them? This article offers instuctors a practical approach. It suggests that instructors and students turn their attention away from emotions and toward a more limited set of core emotional concerns that stimulate many emotions. The article describes ways to teach students how to use these core concerns as tools to understand the emotional terrain and to stimulate helpful emotions.