MPL Beta 1

Bruce Perens bruce at
Wed Dec 8 13:33:59 UTC 2010

On 12/08/2010 02:32 AM, Alexander Terekhov wrote:
> Could you reproduce/link to any US court decision saying that
> automatic ipso factum termination without proper notice/affirmative
> steps by licensor is perfectly okay/valid in the copyright licensing
> context?
Any distribution not in compliance with the terms of an Open Source 
license would be copyright infringement and there would not be any case 
that a license to distribute out of compliance ever existed. So we don't 
worry particularly much about this issue. But if you look over Jacobsen 
v. Katzer, we found infringement during the case solely due to lack of 
attribution, amended the case to include it, and were granted summary 
judgment. Since we amended the case, and did not find infringement 
before the case started, we were not able to give notice to terminate 
any license before the case.



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