US Court Finds Open Source Licences Enforceable; Big Impact Seen On US Copyright Law
By Steven Seidenberg for Intellectual Property Watch
The ruling has no precedential value. Nevertheless, the recent decision in Jacobsen v. Katzer will have a major impact on US copyright law, according to IP experts.
Jacobsen held that open source licences can be enforced under US copyright law. "It is first time that a US court of appeals has directly addressed issues about the enforceability of open source licences," said Jim Thatcher, Of Counsel in the Seattle office of Woodcock Washburn. "There isn't anywhere else for [US] courts to turn for guidance on this issue, so they will turn to this case and its logic for the enforceability of open source licensing terms."
"[T]rust me, this is huge," Lawrence Lessig, a copyright expert at Stanford Law School, wrote in his online blog.
