http://lawandlifesiliconvalley.com/blog/?p=64 A view of law and life in Silicon Valley, the global technology center Tue, 07 Sep 2010 01:11:05 +0000 http://wordpress.org/?v=2.6.2 http://lawandlifesiliconvalley.com/blog/?p=64#comment-27 Wazi » Articles » Top Ten Open Source Legal Issues for 2008 Wed, 14 Jan 2009 21:31:41 +0000 http://lawandlifesiliconvalley.com/2008/08/major-victory-for-open-source-in-jacobsen-decision/#comment-27 [...] 1. First Major Appellate Decision For a FOSS License. Last year, the District Court in San Francisco in Jacobsen v. Katzner decided the first case under US law interpreting an open source license. That decision had the potential to significantly undercut the ability of FOSS licensors to enforce their license. However in August, the Court of Appeals for the Federal Circuit (”CAFC”) overturned the District Court decision and strongly supported the right of FOSS licensors to obtain copyright remedies for breach of FOSS licenses: such remedies include injunctive relief (an order by the court to the licensee to obey the license) and statutory damages of up to $150,000 for each infringed work. (Read more about the victory for open source in the Jacobsen Decision.) [...] [...] 1. First Major Appellate Decision For a FOSS License. Last year, the District Court in San Francisco in Jacobsen v. Katzner decided the first case under US law interpreting an open source license. That decision had the potential to significantly undercut the ability of FOSS licensors to enforce their license. However in August, the Court of Appeals for the Federal Circuit (”CAFC”) overturned the District Court decision and strongly supported the right of FOSS licensors to obtain copyright remedies for breach of FOSS licenses: such remedies include injunctive relief (an order by the court to the licensee to obey the license) and statutory damages of up to $150,000 for each infringed work. (Read more about the victory for open source in the Jacobsen Decision.) [...]

]]> http://lawandlifesiliconvalley.com/blog/?p=64#comment-20 Law & Life: Silicon Valley » Jacobsen: District Court Denies Preliminary Injunction Tue, 06 Jan 2009 18:34:14 +0000 http://lawandlifesiliconvalley.com/2008/08/major-victory-for-open-source-in-jacobsen-decision/#comment-20 [...] The District Court in San Francisco in the Jacobsen v Katzner case denied Jacobsen a preliminary injunction (as well as clarifying the scope of some of the claims) in its decision issued yesterday. This decision is very disappointing for the open source community.  The decision by the Court of Appeals for the Federal Circuit (”CAFC”) last year was a great victory for open source licensors. http://lawandlifesiliconvalley.com/blog/?p=64  [...] [...] The District Court in San Francisco in the Jacobsen v Katzner case denied Jacobsen a preliminary injunction (as well as clarifying the scope of some of the claims) in its decision issued yesterday. This decision is very disappointing for the open source community.  The decision by the Court of Appeals for the Federal Circuit (”CAFC”) last year was a great victory for open source licensors. http://lawandlifesiliconvalley.com/blog/?p=64  [...]

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