encforceability of Open Source Licences (Re: (OT) - NOT A Major Blow to Copyleft Theory)

John Cowan cowan at ccil.org
Tue Feb 12 06:19:30 UTC 2008

David A. Temeles, Jr. scripsit:

> A plaintiff must demonstrate: (1) that it has suffered an irreparable
> injury; (2) that remedies available at law, such as monetary damages, are
> inadequate to compensate for that injury; (3) that, considering the balance
> of hardships between the plaintiff and defendant, a remedy in equity is
> warranted; and (4) that the public interest would not be disserved by a
> permanent injunction.

It seems to me (IANAL, TINLA) that this four-pronged test is met very well
by facts involving a reputational injury where no money changes hands,
which is what's at stake when A claims that B has stripped the copyright
notice and authorial attribution from A's OSS work.

> Id. at 1839. Moreover, the Court reiterated that even upon this showing,
> whether to grant the injunction still remains in the "equitable discretion"
> of the court.


Real FORTRAN programmers can program FORTRAN    John Cowan
in any language.  --Allen Brown                 cowan at ccil.org

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