Differences Between Open, Closed Software Code Fend Off Injunction in Infringement Suit

Admitted differences in open source software code that allegedly infringed closed software developed by a federal contractor defeat the contractor’s bid for a preliminary injunction in copyright infringement litigation, the U.S. District Court for the District of Idaho held Oct. 29 (Battelle Energy Alliance, LLC v. Southfork Sec., Inc., D. Idaho, 4:13-cv-00442-BLW, 10/29/13).

Judge B. Lynn Winmill denied, for several reasons, the contractor’s request for a preliminary injunction that would have required the defendant to remove the code from a website well-known as a repository for open source code. The contractor did not demonstrate a likelihood of success ...