Background
Jacobsen, a model railroad hobbyist and a programmer, started the Java Model Railroad Interface (JMRI) Project along with other software developers in 2000, on the open-source incubation web-site Sourceforge.net. The goal of the project was to create interfaces that would allow model trains to be controlled on a layout of model train tracks. The software created by JMRI community was distributed without charge on the Internet, subject to the terms of the Artistic License. JMRI also sells custom software directly to modelers and to dealers for resale. JMRI's sales have qualified JMRI for membership as a business in the Model Railroad Industry Association (MRIA).
Katzer is the owner of KAMIND Associates Inc., an Oregon company doing business under the name KAM Industries. KAM produced and sold beginning in 1997 a commercial product for model trains, Train Tools, based on client-server software.
Katzer owns several patents that may apply to the model railroad industry, one of which he alleged the JMRI project may infringe. Jacobsen, however, alleged that Katzer's software utilizes textual files from the JMRI project, in violation of copyright and the DMCA. Katzer subsequently countersued Jacobsen for $6 million for copyright infringement.
In addition to the patent claims, there was also a dispute over web sites. In February 2004, Katzer registered the web domain decoderpro.com; however, DecoderPro is the trademarked name for a JMRI program. Jacobsen succeeded in obtaining the return of the domain name.
Read more about this topic: Jacobsen V. Katzer
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