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Open Source Copyrights Legally Enforceable

Posted by Scott_Ruecker on · 3 comments
InformationWeek; By Paul McDougall
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A federal appeals court has struck down a lower court ruling that found that open source copyrights may not be legally enforceable if they're licensed under terms that are "intentionally broad." Ruling on an appeal brought by software developer Robert Jacobsen, the U.S. Court of Appeals for the Federal Circuit said Wednesday that open source users that do not comply with the software's strict licensing terms can, in fact, be sued for copyright infringement -- even if the software is free.

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Comments (3)

Quoting:The appeals court also ruled that Jacobsen could sue for monetary damages, even though his product is free. "The lack of money changing hands in open source licensing should not be presumed to mean that there is no economic consideration," the court said.


Right on! It's about time to shatter this "only money is wealth" myth :)
As I understand it, that judge had a lot of help from FOSS friends of the Court, to come to that understanding. An excellent result.
Good to see sense prevail, although...

not sure what the language on monetary damages actually means.

In this case, it might turn out ok -- the free software was incorporated into non-free software, so monetary damages can be imputed from money made, etc.

And, of course, US copyright law allows for statutory damages -- damages awarded when you can't prove monetary damage. That allows the court to way the egregiousness of the infringement and award a sum up to -- I forget -- per offense.

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