Monetary Damages for FOSS License Non-Compliance:
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?
- Login or register to post comments
- Printer-friendly version
- 1774 reads
- PDF version
More in Tux Machines
- Highlights
- Front Page
- Latest Headlines
- Archive
- Recent comments
- All-Time Popular Stories
- Hot Topics
- New Members
digiKam 7.7.0 is releasedAfter three months of active maintenance and another bug triage, the digiKam team is proud to present version 7.7.0 of its open source digital photo manager. See below the list of most important features coming with this release. |
Dilution and Misuse of the "Linux" Brand
|
Samsung, Red Hat to Work on Linux Drivers for Future TechThe metaverse is expected to uproot system design as we know it, and Samsung is one of many hardware vendors re-imagining data center infrastructure in preparation for a parallel 3D world. Samsung is working on new memory technologies that provide faster bandwidth inside hardware for data to travel between CPUs, storage and other computing resources. The company also announced it was partnering with Red Hat to ensure these technologies have Linux compatibility. |
today's howtos
|
Recent comments
1 year 11 weeks ago
1 year 11 weeks ago
1 year 11 weeks ago
1 year 11 weeks ago
1 year 11 weeks ago
1 year 11 weeks ago
1 year 11 weeks ago
1 year 11 weeks ago
1 year 11 weeks ago
1 year 11 weeks ago