A new order was filed on December 10, 2009 in the case granting and denying portions of motions for summary judgment by the parties. I will post a link to the complaint when one is available.
One interesting item is the court’s statement, ” Although it is undisputed that Plaintiff distributed the copied work on the Internet at no cost, there is also evidence in the record attributing a monetary value for the actual work performed by the contributors to the JMRI product,” and that the record “may establish a monetary damages figure.”
This is a stumbling block to those who have speculated that no actual damages should be available for open source authors bringing claims of infringement, because of the royalty free nature of open source licensing.
