Using Copyright Infringement Claims Against Violations of Open Source Licenses: Lessons Learned and Issues Raised

This article, by Finnegan attorney Jay Westermeier, discusses the recent ruling in Software Freedom Conservancy, Inc. v. Best Buy Co., Inc., and how it presents number of lessons for both open source developers and users.  Westermeier states that the default ruling in this case emphasizes the importance of copyright infringement claims in connection with enforcing an open source license. The article affirms that timely registration with the Copyright Office is not likely to be viewed positively by the Open Source community; however, without the possibility of statutory damages and attorney’s fees for copyright infringement related to open source license violations, developers may be forfeiting some of the most valuable copyright remedies that could be available to them. Westermeier also notes that the case is still ongoing and that It will be interesting to see how the court treats the copyright registration and ownership issues in any fully litigated rulings where the defendants arguments are considered.