“One of the frustrations of lawyers serving the open source
industry is that they have few cases which interpret open source
licenses. As Eben Moglen has pointed out, such cases are few
because licensees need the license be in effect to avoid copyright
infringement. However, with the increasing use of open source
software, many lawyers believe that issues such as the scope of the
license are likely to come before courts. The first example of
these disputes arose in a decision published on August 17, 2007 in
San Francisco regarding the Artistic License. Unfortunately, this
case was wrongly decided and if allowed to stand may deprive open
source licensors of the ability to get a court order (an
injunction) to stop violation of the terms of their license, an
important remedy for breach of such licenses…”