Open-Source Legal Victory

Discussion in 'NZ Computing' started by Lawrence D'Oliveiro, Feb 21, 2010.

  1. The JMRI case has finally been settled
    <http://www.h-online.com/open/news/item/Major-legal-victory-for-open-source-in-US-936089.html>.

    Jacobsen released his Java code under the Perl “Artistic Licenseâ€. Katzer
    took the code, removed the copyright notices, and included it in his
    proprietary product. The Federal District Court originally ruled that this
    was a breach of contract, not of copyright, therefore worthy of little or no
    monetary damages. The appellate court overturned this and made it clear it
    had to be considered as a copyright breach.

    Since then, the lower court has ruled that 1) yes, the code is sufficiently
    original to be worthy of copyright protection; 2) there is sufficient
    grounds for assigning a monetary value to the code, and 3) removal of the
    copyright notices was a violation of the DMCA.

    The upshot is that Jacobsen gets USD100,000 out of Katzer, plus a promise by
    the latter to stop using the code or trying to get trademarks or domain
    names related to JMRI.
    Lawrence D'Oliveiro, Feb 21, 2010
    #1
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  2. In message <hlseai$2js$>, Lawrence D'Oliveiro wrote:

    > Jacobsen released his Java code under the Perl “Artistic Licenseâ€. Katzer
    > took the code, removed the copyright notices, and included it in his
    > proprietary product.


    And not only that, he tried to get a patent so he could sue Jacobsen for
    infringement <http://jmri.sourceforge.net/k/summary.shtml>!
    Lawrence D'Oliveiro, Feb 22, 2010
    #2
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