Legal Issues
The Open Source Movement has faced a number of legal challenges. Companies that manage open source products have some difficulty securing their trademarks. For example, the scope of “implied license” conjecture remains unclear and can compromise an enterprise’s ability to patent productions made with open source software. Another example is the case of companies offering add-ons for purchase; licensees who make additions to the open-source code that are similar to those for purchase may have immunity from patent suits.
In the court case "Jacobsen v Katzer", the plaintiff sued the defendant for failing to put the required attribution notices in his modified version of the software, thereby violating license. The defendant claimed Artistic License in not adhering to the conditions of the software’s use, but the wording of the attribution notice decided that this was not the case. "Jacobsen v Katzer" established open source software’s equality to proprietary software in the eyes of the law.
In a court case accusing Microsoft of being a monopoly, Linux and open source software was introduced in court to prove that Microsoft had valid competitors and was grouped in with Apple.
There are resources available for those involved open source projects in need of legal advice. The Software Freedom Legal Center features a primer on open source legal issues. International Free and Open Source Software Law Review offers peer-reviewed information for lawyers on free software issues.
Read more about this topic: Open Source Movement
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