- Jacobsen v. Katzer
Jacobsen v. Katzer is a legal case in the
United States that has established the enforceability ofopen source license s under U.S.copyright law .Robert Jacobsen manages an
open source software project onSourceforge.net called theJava Model Railroad Interface (JMRI). [cite web|url=http://sourceforge.net/projects/jmri/ |title=SourceForge.net: JMRI Model Railroad Interface |accessdate=2008-08-23] The JMRI software is licensed under theArtistic License , version 1.0. Matthew Katzer and Kamind Associates, Inc. develop commercial software products for themodel train industry and hobbyists. Jacobson claimed Katzer copied portions of the JMRI software and incorporated them into Kamind's commercial software without complying fully with the Artistic License's conditions and sought apreliminary injunction against Katzer and Kamind infederal district court . The suit was filed inCalifornia . In August 2007, the district court denied the injunction saying that the "defendants’ alleged violation of the conditions of the license may have constituted a breach of the nonexclusive license, but does not create liability for copyright infringement..." Under the district court's reasoning, Jacobson could still sue for breach of contract, but not copyright violation. Injunctive relief is much more difficult to obtain in a contract matter than for copyright infringement and it is unclear what damages Jacobsen could claim.In August 2008, the
United States Court of Appeals for the Federal Circuit vacated the district court's ruling, holding that the terms of the Artistic License are enforceable copyright conditions, and remanded the case back to the district court to consider whether other conditions required for an injunction were met in this case. The court said "Open source licensing has become a widely used method of creative collaboration that serves to advance the arts and sciences in a manner and at a pace that few could have imagined just a few decades ago," and cited as examples "the GNU/Linux operating system, the Perl programming language, the Apache web server programs, the Firefox web browser, and a collaborative web-based encyclopedia called Wikipedia". [ [http://www.cafc.uscourts.gov/opinions/08-1001.pdf CAFC ruling] (pp.6-7)]Prof.
Lawrence Lessig called the ruling "a very important victory" that applies to all open source licenses. [ [http://lessig.org/blog/2008/08/huge_and_important_news_free_l.html huge and important news: free licenses upheld] ]Notes
References
* Jacobsen v. Katzer, No. 06-CV- 01905 JSW, 2007 WL 2358628 (N.D. Cal. Aug. 17, 2007) -- district court ruling
* [http://www.nytimes.com/2008/08/14/technology/14commons.html Ruling Is a Victory for Supporters of Free Software] by John Markoff, NY Times, August 13, 2008
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