news.debuntu.org

The New Media & Technology weblog covers
a new ruling in the model train case; it reaffirms that free software
license terms are, in fact, license terms. "The central issue in
the case is whether the conditions in the open source Artistic License
limit the scope of the license (in which case a failure to comply with
those conditions constitutes copyright infringement) or whether those
conditions are in fact merely covenants, the breach of which gives rise
only to a cause of action for damages.... The appeals court concluded that
the Artistic License 'on its face ... creates conditions.' The court pointed
to the literal language of the license, which expressly refers to
'conditions under which a Package may be copied,' and the use of
traditional language to create conditions, i.e., the use of the term
'provided that,' which creates a condition under California law."
(Via Groklaw).