Language Selection

English French German Italian Portuguese Spanish

Monetary Damages for FOSS License Non-Compliance:

Filed under
OSS
Legal

In Jacobsen v. Katzer, the Federal Circuit held that open source licenses are indeed licenses and not merely contracts.1 This is an important decision due to the remedies available under the Copyright Act versus contract law. But what do monetary damages under U.S. copyright law look like? More specifically, how much could an OSS license non-compliance action cost a company that loses such a suit? Two lawyers endeavoured to answer just that question in a presentation in mid-May at the Open Source Business Conference in San Francisco. Jeffery Norman and Vladimir Khodosh of Kirkland & Ellis outlined the various sources of monetary remedies for FOSS license non-compliance, with a particular focus on the ability to recover a portion of the infringer’s profits.

Under contract law, the non-breaching party may recover actual damages. The general goal is to put the non-breaching party in as good a position as he would have been had the contract been performed. But what reasonably foreseeable damages could be expected to be recovered when the software was obtained for no monetary cost?

rest here




More in Tux Machines

This is the world’s most stunning new Android phone – and it’ll only cost you $5,000

While there’s no question that the iPhone 6 and iPhone 6 Plus are beautiful smartphones, some might argue that Apple’s 2012 iPhone 5 and last year’s iPhone 5s feature an overall look that is more sleek and sophisticated. Now, imagine that sophisticated design was given harder lines, darker tones and a 5-inch full HD display, and it was built out of titanium and 18k gold instead of aluminum. Read more

Ubuntu GNOME 15.04 Alpha 1 Prepares for GNOME 3.14, Go Forth and Test

The Ubuntu GNOME developers have released the first version of the 15.04 branch for their Linux distribution and it looks like this operating system is also going through some interesting changes, just like Ubuntu, although not on the same scale. Read more

FSF's High Priority Project List Now Has A Committee

The Free Software Foundation has now built up a committee to review their "High Priority Projects" list and they're looking for more feedback from the community. Nearly ten years ago is when the Free Software Foundation began listing what they viewed as the High Priority Free Software Projects in a list. This list has over time contained some definite high-priority projects related to freeing Java and Adobe PDF support and open graphics drivers to some more obscure projects of high priority like a free version of Oracle Forms, a replacement to OpenDWG libraries for CAD files, automatic transcription software, etc. I've personally called out many of the FSF HPP for what they're worth with my thoughts over the years. Read more

Latest Calibre eBook Reader and Converter Now Support Latest Kobo Firmware

The Calibre eBook reader, editor, and library management software has just reached version 2.13 and the developer has added an important driver and made quite a few fixes and improvements. Read more