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Re: Open source licenses are /actually/ contracts?!?


From: Tim Tyler
Subject: Re: Open source licenses are /actually/ contracts?!?
Date: Tue, 28 Aug 2007 14:08:50 GMT
User-agent: Thunderbird 2.0a1 (Windows/20060724)

The saga:

  http://jmri.sourceforge.net/k/docket/

The ruling:

  http://jmri.sourceforge.net/k/docket/158.pdf

One bit not mentioned in the news stories:

  Although Defendants represent that they have voluntarily ceased
  all potentially infringing activities utilizing any of the
  disputed material and although both parties conceded that the
  disputed material is no longer of value (as of March 2007),
  the Court cannot find as a matter of law that Defendants’ voluntary
  termination of allegedly wrongful activity renders the motion for
  preliminary injunction moot.   “‘Voluntary cessation of challenged
  conduct moots a case ... only if it is absolutely clear that the
  alleged wrongful behavior would not reasonable be expected to recur.’”

Once a criminal, always a criminal ;-)
--
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