I've in fact read it three times.

The defendant is claiming he has a right to copy regardless of his lack of adherence to the terms of the license which grant him that right.

The plaintiff did ask for injunctive relief based on copyright violations. Whether or not they presented it correctly is in question.

What's not clear to me about your understanding of the case is that the defendant has removed attributions, which by the intent of the Artistic License should absolutely not give him the right to redistribute the work.

Now, I'm not sure you've read everything I've written here. I never said the judge ruled the entire license null and void or any sensationalist crap like that.

What I said is that if the conditions placed on the copying and redistribution of a work have to fall under contract law rather than criminal copyright law, that's a bigger burden on the copyright holder. So far, that appears to be the tone of the case as pertains to the copyright claims.

Take a look at Law & Life in Silicon Valley which is written by a lawyer. The author summarizes that the Artistic License is being ruled to be a contract, and the restrictions on the scope of the license included in the license itself do not in fact restrict the scope of the license in terms of copyright law. He says the result is that only way to bring the claim is as a breach of contract, which means damages must be proven rather than statutory penalties being applied. He also says it usually is less likely that the court will less likely grant injunction against the party breaching the contract than if it was deemed to be copyright infringement.

In reply to Re^2: Artistic license being tested in court? by mr_mischief
in thread Artistic license being tested in court? by mr_mischief

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