The logic of that position is clear. It could make firms wary of using open source software because they fear that someone in the food chain has violated a copyright, and they too could be subject to an expensive suit. As I said, that's a minority opinion, and some of his critics imply that he is attempting to damage open source because of his alleged pro-Microsoft bias.
I suspect Moskin is wrong, and that the net effect of Jacobsen will be positive. He may well have a point, though, when he argues that the floodgates of litigation may now be open. Interestingly, there have been very few, if any, important cases around the terms of open source licenses. We'll see if that changes.
Coincidentally, I think, a few days after the Jacobsen decision, The Free Software Foundation filed suit alleging that Cisco is infringing various copyrights licensed under the GPL and Lesser General Public License, and has demanded, in addition to its actual or statutory damages, that Cisco be made to return any profits derived from the infringement.
We'll see how that one turns out. But in the meantime, you may want to add the legal blogs to your required reading list.
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