Standing to Sue

Not everyone who perceives a wrong is allowed to sue to correct that wrong. Parties to litigation must have a suitable stake—a legally protectable and tangible interest—in the outcome of a dispute. Standing to sue deals only with the question of whether the litigant is the proper party to fight the lawsuit, not whether the issue itself is justiciable.

Open source licenses often elicit passionate support in the open source community. That passion does not necessarily translate, under the law, to standing. Only parties with a well- defined legal interest in the outcome may litigate an open source license. Even open source advocacy groups such as the Free Software Foundation and Open Source Initiative don't have standing to sue to ...

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