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Open source licenses upheld
From: |
Hyman Rosen |
Subject: |
Open source licenses upheld |
Date: |
Wed, 13 Aug 2008 16:41:23 -0400 |
User-agent: |
Thunderbird 2.0.0.16 (Windows/20080708) |
The results of the JMRI appeal are in, and the court has held that
open source licenses, including the Artistic License, are valid
copyright limitations, and violations of those conditions provide
grounds for suing for infringement.
So there, rjack and Terekhov! :-)
<http://jmri.sourceforge.net/k/docket/cafc-pi-1/08-1001.pdf>
"Copyright licenses are designed to support the right to exclude;
money damages alone do not support or enforce that right. The
choice to exact consideration in the form of compliance with the
open source requirements of disclosure and explanation of changes,
rather than as a dollar-denominated fee, is entitled to no less
legal recognition. Indeed, because a calculation of damages is
inherently speculative, these types of license restrictions might
well be rendered meaningless absent the ability to enforce through
injunctive relief."
- Open source licenses upheld,
Hyman Rosen <=