
A federal appeals court has
overruled a lower court ruling that, if sustained, would have severely hampered the enforceability of free software licenses. The lower court had found that redistributing software in violation of the terms of a free software license could constitute a breach of contract, but was not copyright infringement. The difference matters because copyright law affords much stronger remedies against infringement than does contract law. If allowed to stand, the decision could have neutered popular copyleft licenses such as the GPL and Creative Commons licenses. The district court decision was overturned on Wednesday by the United States Court of Appeals for the Federal Circuit.
Member since:
2005-07-06
Precisely. The only two cases where normal copyright protections wouldn't apply are the creator explicitly putting their work into the public domain or a sufficient period of time passing (just short of hell freezing if folks like Disney get their way) sufficient for the copyright to expire