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ARTICLE · 10 JULY 2017

Open Source Lawsuits Have Crossed The Watershed

The risk arising from unknowledgeable and unmanaged use of open source software by tech companies is no longer merely theoretical or such that only involves a remote possibility of exposure.

IsraelAntitrust/Competition Law

The risk arising from unknowledgeable and unmanaged use of open source software by tech companies is no longer merely theoretical or such that only involves a remote possibility of exposure. The exposure is tangible, here and now.

A New York court is presently hearing a claim that was recently brought by CoKinetic Systems, a developer and manufacturer of in-flight entertainment (IFE) software, against a global technology giant, which is also one of the leading players in the IFE market, whose systems are used by numerous airlines. The suit, which alleges anticompetitive acts and abuse of monopoly power, seeks damages of $100 million.

A substantive argument of the plaintiff (among other arguments relating to anticompetitive acts) is that by failing to comply with the requirements of the GPL open source license and refusing to distribute the source code for the open-source Linux based operating system of its IFE hardware, the global corporation blocked competitors

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