[OSM-legal-talk] [OSM-talk] The OSM licence: where we are, where we're going

Frederik Ramm frederik at remote.org
Wed Jan 9 11:33:19 GMT 2008


Hi,

> Although the recent Artistic License case has taken a different view:
> http://lawandlifesiliconvalley.blogspot.com/2007/08/new-open-source- 
> legal-decision-jacobsen.html

Hm, being neither lawyer nor native speaker of English nor American  
citizen I my get some things wrong here but the statement

"The second point is very important because it deals with remedies.  
Generally, the remedy for contract violations under US law is  
damages, not "injunctive relief" (which means that the court order a  
party to cease their violation)."

prompts me to ask:

Would that mean that if our license was a contract and somebody  
violated it, he would have to pay us damages, which I (perhaps  
naively) would interpret as "the amount of money we lost due to his  
infringement", i.e. zero dollars?

Bye
Frederik

-- 
Frederik Ramm  ##  eMail frederik at remote.org  ##  N49°00.09' E008°23.33'






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