It's a big win for open source -- or is it? I'm talking about the Jacobsen v. Katzer dispute about open source code violation.

Amazon.com has signed a patent agreement with Microsoft over the use of Linux in its Kindle e-readers. In other open source legal news, the Jacobsen v. Katzer model railroad software case was settled, providing precedent for open source developers to seek monetary damages for copyright infringement, says BetaNews.

The parties have filed their proposed voir dire questions, the
questions each party would like potential jurors to be asked when trying to find the jurors who will hear and decide SCO v. Novell. Here's a definition of voir dire, and here's a very good explanation from ABA of the voir dire process and why some feel voir dire is more important than the trial itself.

Microsoft and Amazon.com have signed a wide-ranging patent cross-licensing agreement that provides each company with access to the other's patent portfolio. Specific terms of the agreement were not disclosed, but it was made clear that Amazon will be paying Microsoft an undisclosed amount of money as part of the arrangement.

Hall agreed to serve pro bono publico (at no charge, for the public benefit), and asked the court for a declaratory judgment that the patent was unenforceable. Katzer responded by bringing a SLAPP suit against Jacobsen. SLAPP is a law that was meant to defend little folks sued by big rich companies, but is increasingly used in just the other direction.

Judge Stewart has denied Novell's Motion in Limine No. 7, saying that the motion is "essentially one for partial summary judgment and, as such, is untimely." He also says they can bring their issues up in jury instructions. That was SCO's argument, which has been adopted wholesale. But I think it's a bit of sleight of hand to say it's a matter for summary judgment.

On February 10, 2010, the Linux Foundation and the Open Source Initiative co sponsored their first Legal Strategic Planning Session. I am glad to declare it a success. We had a very diverse group both professionally and geographically, with participants from Europe, Japan and the US.

Although some people viewed it as a tempest in a teapot, the long-running legal case Jacobsen v. Katzer stirred up some seminal open source issues. We first reported on the dust-up all the way back in August of 2008, noting that the dispute centered around--of all things--model train software.