Bad Facts Make Good Law: The Jacobsen Case and Open Source

Lawrence Rosen

Abstract


For the first time, a major U.S. appeals court has held that an open source license is enforceable through preliminary injunctions. The court also found that exacting conditions in the form of compliance with open source requirements for disclosure and explanation of changes is entitled to recognition as consideration for a contractual license.

Keywords


Open source licenses, contracts, enforcement, infringement, consideration

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