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The terms of the Artistic License 1.0 were at issue in a 2007 federal district court decision in the US which was criticized by some for suggesting that FOSS-like licenses could only be enforced through contract law rather than through copyright law, in contexts where contract damages would be difficult to establish. On appeal, a federal appellate court "determined that the terms of the Artistic License are enforceable copyright conditions". The case was remanded to the District Court which did not apply the superior court's criteria (on the grounds that in the interim, the Supreme Court had changed the applicable law). However, this left undisturbed the finding that a free and open source license nonetheless has economic value. |
