August 2010
Lexis Nexis® Emerging Issues Analysis
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.
Conference
Licensing Executives Society Chinese Taipei – Annual Conference 2026
December 4, 2026
Taipei
Hybrid Conference
2026 Patent Law Institute: Critical Issues & Best Practices – New York
October 29, 2026
New York
Federal Circuit IP Blog
Federal Circuit Distinguishes Patent Eligibility Among Different Communications Systems Claims
October 5, 2026
INCONTESTABLE® Blog
September 24, 2026
Federal Circuit IP Blog
September 16, 2026
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