Leave To Amend Pleading In Patent Case

Touchtunes Music Corp. v. Rowe Int'l Corp., 07 Civ 11450, 5/18/10 NYLJ "Decision of Interest" (S.D.N.Y. decided May 11, 2010).

Defendant moved pursuant to Rule 15 of the Fed. R. Civ. P. for leave to file an amended answer containing an additional counterclaim of patent infringement. Motion granted.

The patent at issue relates generally to source code concerning how advertisements are assembled and executed on a jukebox or other electronic device.

Open Source Software - Impact On Music

John Markoff, "Ruling Is A Victory For Supporters Of Free Software", 8/13/08 New York Times.

Case: "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. " Later, "Copyright holders who engage in open source licensing have the right to control the modification and distribution of copyrighted material."

On Open Source licenses, "Open source licensing has become a widely used method of creative collaboration that serves to advance the arts and sciences in a manner and at a pace that few could have imagined just a few decades ago. "

[Jacobson v. Katzer, No. 06-CV-1905 (Fed.Cir. Aug. 13, 2008)]