2007 Top Ten Free and Open Source Legal Issues (Law & Life)
[Posted December 20, 2007 by corbet]
Law & Life: Silicon Valley has
a column on the top-ten 2007 legal issues relevant to free software. "
In August, the district court in San Francisco surprised many lawyers by ruling that the remedies for breach of the Artistic License were in contract, not copyright. Most lawyers believe that the failure to comply with the major terms of an open source license means that the licensee is a copyright infringer and, thus, can obtain “injunctive relief" (which means that the court orders a party to cease their violation). On the other hand, if the remedy is limited to contract remedies, then the standard remedy would be limited to monetary damages. Such damages are of limited value to open source licensors."
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