Moglen: Model Trains Aren't Important to Open Source

Lora Bentley

Software Freedom Law Center director Eben Moglen isn't as concerned about the Jacobsen v. Katzer decision as Mark Radcliffe seems to be. Former Free Software Foundation general counsel and drafter of GPL v3 Moglen says the ruling isn't that important, according to InfoWorld.

...Moglen pointed out that the case does not necessarily set a precedent for future cases...."I do believe that the use of a more carefully drafted and more industry-tested license will probably help courts and other parties to deal with software in a more informed and accurate way," Moglen said.

And using a more industry tested license is exactly what those behind the software at issue in the case have done, the story says. Plaintiff's attorney Victoria Hall says the JMRI project is switching from the Artistic License to the GNU General Public License:

I think the big advantage [of GPL] is the automatic license revocation that is present in GPL that is not present in Artistic License.

They will also appeal the decision, InfoWorld reports.

Add Comment      Leave a comment on this blog post
Sep 4, 2007 2:34 AM ACT - Protecting Small Business Innovation ACT - Protecting Small Business Innovation  says:
Revisiting License or Contract A Recent Open Source Legal Decision Proves Our Point Paul Krill of Infoworld recently reported on a recent US federal court ruling, which Mark Radcliffe, counsel for the Open Source Initiative, fears could derail enforcement of open-source licenses altogether by foreclosing licensors ability to ... Reply
Sep 4, 2007 12:05 PM M ark Radcliffe M ark Radcliffe  says:
I agree with Eben that it will not have an immediate effect on the GPL, because it is not about the GPL. In fact, I made that point in my blog. We appear to disagree on whether the reasoning might also applied by a court to the GPL. I still believe that this risk is serious. Reply

Post a comment





(Maximum characters: 1200). You have 1200 characters left.




Subscribe to our Newsletters

Sign up now and get the best business technology insights direct to your inbox.