United States Federal Circuit

In a suit alleging that defendants infringed upon plaintiff's copyright in open-source computer code by violating the copyright license's distribution and modification provisions, denial of a preliminary injunction is vacated and remanded where: 1) the limitations contained in the provisions were conditions for granting the license, and violation of the limitations would constitute copyright infringement, not mere breach of contract; and 2) remand was necessary to determine whether a presumption of irreparable harm applied.

Appellate Information

• Decided 08/13/2008
• Published 08/13/2008

Judges

• HOCHBERG, District Judge., Before MICHEL, Chief Judge, PROST, Circuit Judge, and HOCHBERG, District Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Victoria K. Hall, Law Office of Victoria K. Hall, of Bethesda, MD, argued for plaintiff-appellant., Anthony T. Falzone, Stanford Law School, Center for Internet and Society, of Stanford, CA, for amici curiae Creative Commons Corporation, et al.   With him on the brief was Christopher K. Ridder.


• For Appellees:
  
• R. Scott Jerger, Field Jerger LLP, of Portland, OR, argued for defendants-appellees.