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.
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.
Impact and interest:
Citation counts are sourced monthly from and citation databases.
These databases contain citations from different subsets of available publications and different time periods and thus the citation count from each is usually different. Some works are not in either database and no count is displayed. Scopus includes citations from articles published in 1996 onwards, and Web of Science® generally from 1980 onwards.
Citations counts from theindexing service can be viewed at the linked Google Scholar™ search.
Full-text downloads displays the total number of times this work’s files (e.g., a PDF) have been downloaded from QUT ePrints as well as the number of downloads in the previous 365 days. The count includes downloads for all files if a work has more than one.
|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.|
|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|
|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 00:00|
|Last Modified:||07 Oct 2015 23:20|
Repository Staff Only: item control page