Open Source Software: Usually Cash-free, but with Strings Attached
While everyone knows of the need to comply with contractual terms in software licenses (and elsewhere), the salient point in this context, is that under several recent cases, failure to do so with respect to a license for copyrighted material (which is usually applicable to software), allows the pursuit in federal court for claims for infringement damages under the Copyright Act and related items, such as attorney fees, according to an article from FisherBroyles and published on Lexology.com.
“This is in addition to traditional contract damages, which may be non-existent or difficult to prove,” the article says.
Kimberly Dempsey Booher, Susan M. Freedman, R. Mark Halligan, Martin B. Robins and Alan S. Wernick contributed to the article.
