Open Source License Conditions Enforceable Through Copyright Law
From Patently-O: In an interesting decision, the CAFC held that open source license conditions are enforceable under the copyright laws. Jacobson’s open source license at issue here allowed anyone to use his software so long as his conditions are met (such as making any modified code freely available). …
The clear language of the Artistic License creates conditions to protect the economic rights at issue in the granting of a public license. …
This decision is based on the court’s interpretation of 9th Circuit law. However, its impact on patent law may be a reminder that the court will allow patent infringement actions even when the infringement is based on violation of an intricate or exotic licensing contract.
Jacobson v. Katzer (Fed. Cir. 2008)
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Tags: copyleft, Free Software, open source license