It’s surprising that a dispute over the use of open source software in a model railway application would be the one to set the legal precedent, but that is what happened here:
Although some people viewed it as a tempest in a teapot, the long-running legal case Jacobsen v. Katzer stirred up some seminal open source issues. We first reported on the dust-up all the way back in August of 2008, noting that the dispute centered around — of all things — model train software.
Specifically, Jacobsen had developed JMRI, the Java Model Railroad Interface project. When Katzer built the code for the project into proprietary model train software, deleting existing copyright notices within the code, Jacobsen filed suit. Now, settlement documents are available online, and the end of the dispute points to a final victory for open source licenses.
The settlement documents show that Katzer will pay Jacobsen $100,000 over 18 months, cease using the JMRI code, and not attempt to register domains using the JMRI name. Previously, the legal dispute had gone all the way to the United States Court of Appeals for the Federal Circuit, which is the last legal stop before the Supreme Court. As Lawrence Lessig noted in a post, when the Court of Appeals upheld the Artistic License that governed the use of JMRI, it was “an important victory” for free licenses. Lessig noted that the decision had broad implications for many open source licenses.
Just because someone allows the use of source code freely does not mean you can, in effect, file off the serial numbers and pretend that it’s all your own work . . .
H/T to Craig Zeni for the link.
