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Court Ruling Clouds Open Source Licensing
JosefAssad writes "In a decision centering around a question of a violation of the Artistic License, a San Francisco court has denied an injunction against Matthew Katzer in the favor of Robert Jacobsen of the JMRI project. Importantly, the decision makes the point that the Artistic License is a contract, an interpretation that the Free Software Foundation has been keen to avoid as a legal stance. The JMRI project has a page up with the legal background and developments."
Looking at all this legal mumbo-jumbo (going through the chronology etc) makes me realize there was actually some sort of upside to just having it out with knives...
since you are the only layer who reads /. regularly
Now, just wait a damned minute there. I lay on a regular basis. It's one of the benefits of being married.
All that is necessary for the triumph of good is that evil men do nothing.
From one EULA:
"Should you fail to register any of the evaluation software available through our web pages and continue to use it, be advised that a leather-winged demon of the night will tear itself, shrieking blood and fury, from the endless caverns of the nether
world, hurl itself into the darkness with a thirst for blood on its slavering fangs and search the very threads of time for the
throbbing of your heartbeat. Just thought you'd want to know that. Alchemy Mindworks accepts no responsibility for any loss,
damage or expense caused by leather-winged demons of the night, either."
What am I agreeing to here?
IANAL, but note that there are specific issues with EULAs also as distinct from negotiated contracts. In short, an individual who needs to run Windows is more or less forced to agree to an adhesion contract. There may also be questions of unconscionability, and other issues to consider.
Moral of the story: Consult a lawyer as to whether Alchemy Mindworks is really within their legal right to disclaim damages from leather-winged demons of the night* enforcing their contracts.
* Are these meant to refer to BSA agents?
LedgerSMB: Open source Accounting/ERP