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Open source license litigation involves lawsuits surrounding open-source licensed software. Many of the legal rights of open source software licensors enforceable against users violating licensing agreements are untested by the U.S. legal system. [ 1 ]
The Jacobsen case is noteworthy in United States copyright law because Courts clarified the enforceability of licensing agreements on both open-source software and proprietary software. The case established the rule of law that terms and conditions of the Artistic License 1.0 are "enforceable copyright conditions". [3]
FOSS stands for "Free and Open Source Software". There is no one universally agreed-upon definition of FOSS software and various groups maintain approved lists of licenses. The Open Source Initiative (OSI) is one such organization keeping a list of open-source licenses. [1] The Free Software Foundation (FSF) maintains a list of what it ...
In April 2017, a US federal court ruled that an open-source license is an enforceable contract. [59] In October 2021 SFC sued Vizio over breach of contract as an end user to request source code for Vizio's TVs, a federal judge has ruled in the interim that the GPL is an enforceable contract by end users as well as a license for copyright ...
Many companies began to claim that they "licensed" but did not sell their products, in order to avoid the transfer of rights to the end-user via the doctrine of first sale (see Step-Saver Data Systems, Inc. v. Wyse Technology). These software license agreements are often labeled as end-user license agreements .
Free and open-source software licenses have been successfully enforced in civil court since the mid-2000s. [85] In a pair of early lawsuits—Jacobsen v. Katzer in the United States and Welte v. Sitecom in Germany—defendants argued that open-source licenses were invalid. [86] [87] Sitecom and Katzer separately argued that the licenses were ...
The Open Source Initiative defines a permissive software license as a "non-copyleft license that guarantees the freedoms to use, modify and redistribute". [6] GitHub's choosealicense website describes the permissive MIT license as "[letting] people do anything they want with your code as long as they provide attribution back to you and don't hold you liable."
"Free and open-source software" (FOSS) is an umbrella term for software that is considered free software and/or open-source software. [1] The precise definition of the terms "free software" and "open-source software" applies them to any software distributed under terms that allow users to use, modify, and redistribute said software in any manner they see fit, without requiring that they pay ...