[u-u] headsup - Software Freedom Day

[Colin McGregor]

On 8/13/08, Hello Kittyhawk <bdb-0SkTLNS8D88D83Zr/OskEUAV48Ua+nnn at public.gmane.org> wrote:
> On Wed, 13 Aug 2008, Toby Thain wrote:
> |Hi
> |
> |In case anyone on this list feels like celebratin' Software Freedom:
> |There's the Software Freedom Day on 20 September coming up.
> |
> |  softwarefreedomday.org/
> | softwarefreedomday.org/StartGuide for ideas.
> |
> |For myself, I'm planning to at least throw a big banner on my web site.
>
>
> 	Here's some real software freedom to be celebrated right now!
>
>
> newmedialaw.proskauer.com/2008/08/articles/copyright/federal-circuit-says-open-source-license-conditions-are-enforceable-as-copyright-condition/

Yes, I've been following the above case with some interest. The story
is, in essence:

- A group of model train enthusiasts get together and create a Java
based model railroad control software toolkit that makes it easy to
set-up systems to control model railroads with the same look and feel
of a major railway (i.e.: from a screen control where the model trains
go, load / unload freight, etc.... so, we all have our problems... :-)
). This software is released under the Artistic Software licence
(which like say the GPL and BSD licences does allow for software
copying subject to conditions). The project is called JMRI and get the
trademark DecoderPro.

- Matt Katzer gets a patent for some of the technology in the JMRI
project (without noting prior art by JMRI in the patent application,
which one is required to do). Matt Katzer gets said patent. Matt
Katzer then sues Bob Jacobsen (one of the JMRI developers) for patent
infringement . Matt Katzer releases a version of the JMRI software
with the JMRI credits information removed (in violation of the
Artistic Software licence). Matt Katzer gets the DecoderPro.com
domain. Matt Katzer goes after Bob Jacobsen's employer in an effort to
intimate.

- The WIPO orders the DecoderPro.com domain returned to the trademark
holder, the JMRI project (which has been done).

- Bob Jacobsen sues Matt Katzer for the harassment and copyright
violation, which he looses on both counts. Bob Jacobsen drops the
harassment suit, and appeals the copyright judgement.

- The news NOW is that the appeals court has told the lower court that
they were wrong regarding the copyright infringement. So, the lower
court still needs to sort out details on how Matt Katzer is to be
punished for his copyright infringement...

- As for the patent case that is still being worked on...

Another one of these cases where a @#$% decides to use the courts to
try and make life miserable for free software developers for profit
... Sad... Still, while PAINFULLY slow, at least the good guys are
winning...


Colin McGregor
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