[License-review] CC0 incompliant with OSD on patents, [was: MXM compared to CC0 ]

Alexander Terekhov alexander.terekhov at gmail.com
Thu Mar 8 14:27:46 UTC 2012

On Thu, Mar 8, 2012 at 3:15 AM, Bruce Perens <bruce at perens.com> wrote:
> experience, however, is that projects like JMRI only receive attention from
> those companies once there is already a lower court ruling that would
> severely inconvenience the large companies.

Hmmm... in JMRI case, the ultimate ruling by the lower court (after
first appeal and before second appeal went nowhere) is of severely
*convenience* to companies (mega, large, mid, and small):

"Claim for Breach of Contract ... as the claim for breach of contract
is currently drafted, there is no indication what, if any, damages
Jacobsen claims to have incurred that were the proximate cause of a
breach of the Artistic License.  For this reason, the allegations for
breach of contract fail to state a claim upon which relief can be
granted and the claim is dismissed ... Jacobsen Fails to Meet
Heightened Burden of Demonstrating Harm"



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