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Judge: Even 'Free' Open-Source Code is Licensed

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The open source community and tech-savvy model railroad enthusiasts were handed a victory Wednesday when an appeals court ruled that people who use open source content can be found guilty of copyright infringement if they do not adhere to the license terms set out by the creator.

The topic might sound a tad obscure, but it could impact whether or not open-source developers are entitled to monetary damages if people using their software do not adhere to licensing agreements.

The case dates back to 2006 when Robert Jacobsen sued Matthew Katzer and Kamind Associates for copyright infringement and injunctive relief.

Jacobsen manages an open source software group called Java Model Railroad Interface (JMRI). Participants created a computer programming application known as DecoderPro, which lets people program chips to remotely control model trains.

DecoderPro files are available for free download via open source Web site SourceForge, which is maintained by Jacobsen. Anyone can download DecoderPro files, but if they use those files for another project, they must include a notice that says it was originally developed by JMRI and note any changes made to the files.

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