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Re: Compliance detection tool

From: Hyman Rosen
Subject: Re: Compliance detection tool
Date: Tue, 04 May 2010 16:16:48 -0000
User-agent: Mozilla/5.0 (Windows; U; Windows NT 5.1; en-US; rv: Gecko/20091204 Thunderbird/3.0

On 4/16/2010 2:36 PM, RJack wrote:
Virtually all open source licenses are unenforceable due to lack of
Article III standing. Open source licenses in general are only
useful for defenses against copyright infringement suits.

That's false, as we can see from this court decision:
    Having determined that the terms of the Artistic License
    are enforceable copyright conditions, we remand to enable
    the District Court to determine whether Jacobsen has
    demonstrated (1) a likelihood of success on the merits and
    either a presumption of irreparable harm or a demonstration
    of irreparable harm; or (2) a fair chance of success on the
    merits and a clear disparity in the relative hardships and
    tipping in his favor.

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