Legal teeth for open source license

analysis
Aug 18, 20081 min

Artistic license terms enforced by US Court of Appeal

An important legal victory occurred late last week in the US Federal Court of Appeals providing a clear decision for anyone who was still wondering whether open source licenses were legally enforceable.

The ruling was part of a lawsuit between Jacobsen v. Katzer (PDF) around the enforceability of the Artistic license. Robert Jacobsen wrote a Java software system for controlling model railroads known as JMRI, which was released under the Artistic license, also widely used in the Perl community. A firm called Kamind Associates downloaded Jacobsen’s code, stripped out the copyright notices and began distributing the code on their own and without approval.

The judges ruling states very clearly:

“Copyright holders who engage in open source licensing have the right to control the modification and distribution of copyrighted material.”

Ars Technica has a great report on the case and its significance.