American court admits source agreement first is copyright

September 1, 2008

American confederative Court of Cassation is in Jacobsen V. In the court decision of Katzer, the first time on the history admits ” opens source agreement ” is agreement of a kind of copyright, violating an agreement is tort behavior.

Lawrence Lessig (professor of Stanford law courtyard, CC licence author) think, this is an all in all legal precedent, it is a of motion opening a source major victory. It is meant, to software writer, agreement opening a source has safeguard, the author is protected by law; To software user, a source code of use bum, not imply you can do as one wants, if violated original agreement, same meeting is punished by law.

Note: 2006, jacobsen sues Katzer, claim latter software did not abide by source agreement, indicate the provenance of source code and author, requirement court maintains this is to violate copyright act. But, regional court of san Francisco federal rejected this request, think this is ” disobeys use to make over agreement ” only, ” of and rather than encroachs copyright ” . Jacobsen refuses to obey court decision, then appeals.

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