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''Jacobsen v. Katzer'' was a lawsuit between Robert Jacobsen (plaintiff) and Matthew Katzer (defendant), filed March 13, 2006 in the United States District Court for the Northern District of California. The case addressed claims on copyright, patent invalidity, cybersquatting, and Digital Millennium Copyright Act issues arising from Jacobsen under an open source license developing control software for model trains. In ruling on summary judgment motions the Northern District Judge ruled that liability for an open source copyright violation nevertheless did not support Plaintiff's claim for damages. The Ruling rendered Plaintiff's claim pointless since the Plaintiff could not recover money damages. The Ninth Circuit Court of Appeals reversed the trial judge holding an open source copyright claim was enforceable and damages awarded. The case then settled on February 16, 2010. The case is noted for its contentiousness, the parties filing 405 motions and other pleadings with the trial court, and two appeals to the Ninth Circuit Court of Appeals. The ''Jacobsen'' case is noteworthy in United States copyright law because Courts clarified the enforceability of licensing agreements on both open-source software and proprietary software. The case established the rule of law that terms and conditions of an Artistic License are "enforceable copyright conditions".〔 == Background == Jacobsen, a model railroad hobbyist and a programmer, started the Java Model Railroad Interface (JMRI) Project along with other software developers〔(JMRI.org )〕 in 2000, on the open-source incubation web-site Sourceforge.net.〔(【引用サイトリンク】title=SourceForge.net: JMRI Model Railroad Interface )〕 The goal of the project was to create interfaces that would allow model trains to be controlled on a layout of model train tracks. The software created by JMRI community was distributed without charge on the Internet, subject to the terms of the Artistic License.〔(【引用サイトリンク】 title=Second Amended Complaint for Declaratory Judgment, Violations of Copyright and Federal Trademark Laws, and State Law Breach of Contract against all defendants )〕 JMRI also sells custom software directly to modelers and to dealers for resale.〔(Trainpriority.com )〕 JMRI's sales have qualified JMRI for membership as a business in the Model Railroad Industry Association (MRIA). Defendant Katzer is the owner of KAMIND Associates Inc., an Oregon company doing business under the name KAM Industries. KAM produced and sold beginning in 1997 a commercial product for model trains, Train Tools, based on client-server software.〔〔(【引用サイトリンク】publisher=Trainpriority.com )〕 Katzer owns several patents that may apply to the model railroad industry, one of which he alleged the JMRI project may infringe.〔 Jacobsen, however, alleged that Katzer's software utilizes textual files from the JMRI project, in violation of copyright and the DMCA. Katzer subsequently countersued Jacobsen for $6 million for copyright infringement.〔(【引用サイトリンク】 title=Katzer's answer to Jacobsen's Second Amended Complaint and counterclaim against Robert Jacobsen, Feb 2009 )〕 In addition to the patent claims, there was also a dispute over web sites. In February 2004, Katzer registered the web domain decoderpro.com;〔(【引用サイトリンク】 title=Letter to Matt Katzer regarding decoderpro.com, November 2004 )〕 however, DecoderPro is the trademarked name for a JMRI program.〔(【引用サイトリンク】 title=Jacobsen's trademark on DecoderPro, as listed at the website of the United States Patent and Trademark Office )〕 Jacobsen succeeded in obtaining the return of the domain name. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Jacobsen v. Katzer」の詳細全文を読む スポンサード リンク
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