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Article: "Jacobsen v. Katzer": District Court Again Denies Preliminary Injunction For Breach Of Open Source License.
- Article from:
- Mondaq Business Briefing
- Article date:
- February 23, 2009
CopyrightCOPYRIGHT 2009 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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On January 5, 2009, the U.S. District Court for the Northern District of California decided on remand in Jacobsen v. Katzer that the plaintiff Jacobsen, a licensor of open source software, was not entitled to a preliminary injunction halting the willful infringement of his software. The District Court denied Jacobsen's motion a second time because he failed to present sufficient evidence that he would be irreparably harmed if he did not receive the injunction. This decision follows last year's groundbreaking decision from the Court of Appeals for the Federal Circuit in this same case declaring that a licensor of open source software can receive a preliminary injunction ...