BusyBox Open Source Case Shows SFLC Means Business

While Monsoon Multimedia, Inc. has indicated it would be open to settling the open-source licensing suit over its BusyBox product, The Software Freedom Law Center (SFLC), which is bringing the suit, is not letting them off the hook. "This is new, tougher behavior on the part of the SFLC," says Michael Bennett, a partner in the Technology Practice at Wildman Harrold LLP (Chicago). Bennett says the SFLC is likely worried about the impact of Jacobsen v. Katzen, et al decided in August, finding the developer only had remedies under contract law, not copyright law. Though the open source license involved in that case was the little-used "Artistic License" the case cast doubts on the ability of developers to sue for copyright infringement under other popular open source licenses, like the General Public License that governs the use of much open-source software. Among other things, Jacobsen could make it more difficult for open-source developers to win injunctions against infringers. "The SFLC wants to hang onto the power that comes from threatening an injunction that would force a manufacturer to stop shipment of all infringing products. It's much easier to obtain injunctive relief under an infringement claim than under a contract claim. This is why they are not letting up on Monsoon, and why they are also likely looking for other cases." Bennett is available to discuss the Monsoon case as well as the current attitude of the SFLC and its impact on software companies that make use of open-source code. [10/11/2007] News Contact: Kevin Aschenbrenner Email: kaschenbrenner@jaffepr.com Phone: 250-294-8431