There is no copyright infringement
August 24th, 2007, Tomasz RychlickiThe U.S. District Court For the Northern District of California ruled in Jacobsen v. Katzer, No. 06-1905, 2007 WL 2358628 (N.D. Cal. August 17, 2007), PDF file, that the plaintiff who used open source license to publish his works (to be specific the artistic license), can not claim alleged copyright infringement because by the use of this kind of a license he waived the right to bring such action. Check the Java Model Railroad Interface project’s website which includes more details about this dispute.
