Robert Jacobsen write a squeamish small-arm of computer software for everyone with a Lionel band in their garage and released it under an clear - source permit . Fine and dandy . But after a company jacked his code and released it as a commercial product , Jacobsen clearly get a piffling pissed and sue . After God knows how many hearings and grounds filings take model trains , the whole thing has ended up in federal appeals court , where it ’s unexpectedly plow into a potentially landmark ruling for open - source software licence everywhere , prevent thing like Linux and Wikipedia a bit more untroubled , for the minute . The lower court had claim that Jacobsen ’s “ Artistic License ” ( CC , dude ! ) was too broad to arrogate a copyright trespass , which is more powerful than the rift of declaration compliant the down in the mouth court judge did allow . But the feds have step in to call rascality , allow for a dinky little licence like the “ aesthetic ” used for model railroad train software to oblige up in court as a right of first publication shell , which betoken well for beefier GPL and Creative Commons permit . The open root world has been starving for notable test cases , and it just may have found one here . [ WSJ – picture byBrent and Marilyn ]

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