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Today those who believe in free content and free and open source software won a major victory in court. The underlying facts, and counsel, were hardly major figures on the commercial landscape: the open source software at issue had been developed for model train buffs under an infrequently used free and open source license, and the attorney was young and inexperienced. But as often happens, a small case between small parties can have huge implications. And decisions that may make good strategic sense to the parties can also have disastrous consequences for those that are not in the same situation.

But as often happens, an insignificant case between small parties can have huge implications. And decisions that may make good strategic sense to the parties can also have disastrous consequences for those that are not in the same situation.

The case in question is called Jacobsen v. Katzer. It’s been going on for awhile, and a lot of people have spent a lot of time behind the scenes helping make sure that it came out the right way. So for those of you who have not been following this case for the last few years, I’ll try to distill briefly why this decision is so important, and why people are so pleased.

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Comments

• Andy Updegrove

  

  Andy Updegrove is a partner and founder of Gesmer Updegrove LLP, a Boston-based technology law firm, and has represented and helped structure more than 80 worldwide standard setting, open source, promotional and advocacy consortia over the past 20 years. He has also represented hundreds of both emerging as well as established technology companies, and is the founder and editor of both the popular website http://www.consortiuminfo.org and the widely-read Standards Blog

• Karen Copenhaver

  

  Karen Copenhaver is a partner in Choate, Hall & Stewart LLP ‘s Business & Technology practice focusing on technology transfer and licensing of intellectual property with a specific emphasis on open source business models. Most recently, Copenhaver was executive vice president and general counsel at Black Duck Software, Inc.