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Re: Court overrules Copyright Act !!

From: Rjack
Subject: Re: Court overrules Copyright Act !!
Date: Fri, 15 Aug 2008 20:58:58 -0400
User-agent: Thunderbird (Windows/20080708)

John Hasler wrote:
mike3 writes:
I'm not quite clear as to what this implies. Does it mean that the GPL
won't work any more, or something else?

It means that the United States Court of Appeals for the Federal Circuit
has ruled that Free Software licenses are fully enforceable and that
violators can be required to pay statutory damages and be subject to

That decision was contrary to the controlling authority (the individual Courts of Appeals) in every other Federal Circuit in U.S. jurisdiction.
The Federal Circuit has original jurisdiction in patent cases. Unless
a copyright dispute is raised in the context of a patent dispute the Federal Circuit doesn't hear copyright cases. (Read the jurisdictional recitation in Jacobsen v. Katzer.)

Take a deep breath and hold it John, while we all wait for this decision to become the controlling authority in another copyright case -- I'll see you in about twenty years.


-- FIELD OF USE RESTRICTION [general intellectual property-antitrust]. A
provision in an intellectual property license restricting the licensee
to use of the licensed property only in a defined product or service
market. --

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