Re: JMRI case -- Implementation of the Federal Circuit's Opinion

[Hyman Rosen]

Alexander Terekhov wrote:
> Does the following help, Hyman?
> http://terekhov.de/2009-1221/AppelleeBrief.pdf

Not in the slightest. The amicus brief is correct. The
harm done by violation of open copyright licenses is
irreparable and immediate precisely because it is non-
economic in nature.

Harm caused by typical copyright violation is repaired
by forcing the violators to pay what they would have
paid had they proceeded legally. Once open-licensed
code is distributed to users without making them aware
of their extra-copyright permissions, the interests of
the copyright holder as expressed by his license can't
generally be recovered because the users aren't tracked.

Naturally the appellee brief will argue against this,
but that doesn't mean they're correct.