> -----Original Message----- > From: License-discuss [mailto:license-discuss-boun...@opensource.org] On > Behalf Of Lawrence Rosen > Sent: Thursday, August 18, 2016 2:35 PM > To: license-discuss@opensource.org > Cc: Lawrence Rosen <lro...@rosenlaw.com> > Subject: [Non-DoD Source] Re: [License-discuss] [Non-DoD Source] Re: > [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source > License (ARL OSL) 0.4.0 > > Cam Karan asked: > > > If you have case law where the USG won a lawsuit over material licensed > > under one of the copyright-based OSI licenses where there was > no claim of copyright, please provide it. > > > > A copyright lawsuit requires copyright, so that's impossible. > > > > A contract lawsuit requires damages and is usually fought in state (or small > claims?) court without even being published. Ask your own > attorneys if they have ever won a contract lawsuit in a state or federal > court without proof of damages because the USG or anyone else > merely distributed harmless public domain software.
I can, but I suspect that the answer is 'no' because I believe that the DoJ is the one that handles defending the USG. And, considering that you are a lawyer and I'm not, I suspect that you're right about damages being necessary. ;) That said, what is being proposed is new ground for the USG. I suspect that there is very little if any case law regarding Open Source and the USG. I'd rather get all this right BEFORE there are any lawsuits. Thanks, Cem Karan
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