Bad Facts Make Good Law: The Jacobsen Case and Open Source

Authors

  • Lawrence Rosen

Keywords:

Open source licenses, contracts, enforcement, infringement, consideration

Abstract

For the first time, a major U.S. appeals court has held that an open source license is enforceable through preliminary injunctions. The court also found that exacting conditions in the form of compliance with open source requirements for disclosure and explanation of changes is entitled to recognition as consideration for a contractual license.

Author Biography

  • Lawrence Rosen
    Founding partner, Rosenlaw & Einschlag.
IFOSS L. Rev. Volume 1, Issue 1 cover

Downloads

Published

2009-05-08

Issue

Vol. 1 No. 1 (2009)

Section

Articles

License

The most restrictive licence we will accept for submission is Creative Commons Attribution 4.0 international (https://creativecommons.org/licenses/by/4.0/) SPDX identifier CC-BY-4.0

How to Cite

Bad Facts Make Good Law: The Jacobsen Case and Open Source. (2009). Journal of Open Law, Technology & Society, 1(1), 27-32. https://www.jolts.world/index.php/jolts/article/view/5