No. 2008-1001.

535 F.3d 1373 (2008)

Robert JACOBSEN, Plaintiff-Appellant, v. Matthew KATZER and Kamind Associates, Inc. (doing business as KAM Industries), Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

August 13, 2008.

Attorney(s) appearing for the Case

Victoria K. Hall, Law Office of Victoria K. Hall, of Bethesda, MD, argued for plaintiff-appellant.

R. Scott Jerger, Field Jerger LLP, of Portland, OR, argued for defendants-appellees.

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.

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

HOCHBERG, District Judge.

We consider here the ability of a copyright holder to dedicate certain work to free public use and yet enforce an "open source" copyright license to control the future distribution and modification of that work. Appellant Robert Jacobsen ("Jacobsen") appeals from an order denying a motion for preliminary injunction. Jacobsen v. Katzer, No. 06-CV-01905 JSW, 2007 WL 2358628 (N.D.Cal. Aug. 17, 2007). Jacobsen holds a copyright to computer...


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