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The Legality of Free and Open Source Software Licences: The Case of Jacobsen v. Katzer

Fitzgerald, Brian F. & Olwan, Rami (2011) The Legality of Free and Open Source Software Licences: The Case of Jacobsen v. Katzer. In Fitzgerald, Brian F. & Perry, Mark (Eds.) Knowledge Policy for the Twenty-First Century. Irwin Law Inc., Canada.

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Abstract

In August 2008 one of, if not the most, influential Intellectual Property courts in the USA known as the Court of Appeals for Federal Circuit upheld the validity of a free and open source software licence known as the Artistic Licence. The case is significant because up until this point there has been little judicial discussion of the legal operation of this new type of copyright licensing that is sweeping across the world fuelled by the ubiquity of the Internet. The decision in Robert Jacobsen v. Matthew Katzer and Kamind Associates, Inc. 2008 U.S. App. LEXIS 17161 (Fed. Cir. 2008) issued on 13 August 2008 provides a unique and welcomed insight into the legal operation of free and open source software licences and by analogy Creative Commons styled open content licences. This article analyses the judgment and provides commentary on its reasoning.

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ID Code: 15148
Item Type: Book Chapter
Additional Information: Posted with the permission of the copyright owner for your personal use only. No further distribution is permitted without permission of the copyright owner.
Additional URLs:
Keywords: Free Software, FOSS, FLOSS, Free and Open Source Software, Creative Commons, Open Source, Software Licensing, Open Content, Open Content Licensing, Enforcement, Legality of Free and Open Source Software Licensing, Copyright, Copyleft, Copyright Licensing, Covenant, Condition, Restrictions, Artistic License, Jacobsen v Katzer, Federal Circuit
ISBN: 9781552211724
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Law not elsewhere classified (180199)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Commercial and Contract Law (180105)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Intellectual Property Law (180115)
Divisions: Current > Research Centres > ARC Centre of Excellence for Creative Industries and Innovation
Current > QUT Faculties and Divisions > Faculty of Law
Past > Institutes > Institute for Creative Industries and Innovation
Copyright Owner: Copyright 2008 Brian F. Fitzgerald and Rami Olwan
Deposited On: 14 Oct 2008
Last Modified: 31 Oct 2013 08:57

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