Federal Circuit Says Open Source License Conditions are Enforceable as Copyright Condition (New Media and Technology)

The New Media & Technology weblog covers a new ruling in the model train case; it reaffirms that free software license terms are, in fact, license terms. "The central issue in the case is whether the conditions in the open source Artistic License limit the scope of the license (in which case a failure to comply with those conditions constitutes copyright infringement) or whether those conditions are in fact merely covenants, the breach of which gives rise only to a cause of action for damages.... The appeals court concluded that the Artistic License 'on its face ... creates conditions.' The court pointed to the literal language of the license, which expressly refers to 'conditions under which a Package may be copied,' and the use of traditional language to create conditions, i.e., the use of the term 'provided that,' which creates a condition under California law." (Via Groklaw).

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