Copyright Protection Problems For OSS Project

An anonymous reader writes "There's a federal case in the Northern District of California where copyright for open source is being challenged. The free software project JMRI discovered that a commercial company was using some of their files in a product, in violation of the license. They added a copyright claim to an ongoing legal action about cybersquatting, software patent abuse, etc. The patent case was covered on Slashdot back in June but the copyright part is new. The other side came back with an argument that copyright law didn't apply, simply because they software was 'being given away for free.'"

Should be open and shut case.

[matts-reign]

There is no way I can see JMRI losing, if the American court system has any integrity left at all. You can't get much more blatantly violating copyright than this. Its outrageous.

Naked woman on the roof!

[BadAnalogyGuy]

You can't wave your boobs around from the balcony expecting everyone who looks to toss you some beads. Once you're out there, you're out there and if no one gives you a strand then that's really your own fault for putting yourself on the line in the first place.

It is kind of weird to expect that someone ought to play your game when you've already given up your whole hand.

Re:FRIST PSOT

[Anonymous Coward]

btw, FOSS blows donkey chunks.

So when did your mother change her name to "FOSS"?

Re:Naked woman on the roof!

[Anonymous Coward]

Boy do you sure live up to your nick.

Re:That won't fly in court

[Anonymous Coward]

Matt's Space Adventure was great until the the Special Editions. Horace shooting first? Not on my watch, buddy.

Pro Se

[Eric Damron]

"The other side came back with an argument that copyright law didn't apply, simply because they software was 'being given away for free.'"

From that statement I assumed that this is a Pro Se case then I went and read the article. I think the defendant needs to get another lawyer because his current one is fucking stupid.

Just because you include the source code in no way nullifies your copyright. IANAL but even I know that much. The fact that the user accepted the license testifies to the fact that he acknowledges the copyright because one can not give a license to a software product without having the copyright.

This lawyer's case is going down like a cheap whore.

The important legal question

[Guppy06]

"The other side came back with an argument that copyright law didn't apply, simply because they software was 'being given away for free.'""

Have you ever seen milk come out of a judge's nose?

Re:Naked woman on the roof!

[TapeCutter]

Yes, but this does not give potential bead tossers the right to modify the free balcony boobs with silicon.

it's "precedent"

[ChrisCampbell47]

is that a 1998 precident

Argh, that's twice, dude. It's spelled "precedent".

Re:it's "precedent"

[Sponge Bath]

It's spelled "precedent".

Careful! George Bush will think you are referring to him.