The results of the JMRI appeal are in, and the court has held that
open source licenses, including the Artistic License, are valid
copyright limitations, and violations of those conditions provide
grounds for suing for infringement.

So there, rjack and Terekhov! :-)

<http://jmri.sourceforge.net/k/docket/cafc-pi-1/08-1001.pdf>

  "Copyright licenses are designed to support the right to exclude;
   money damages alone do not support or enforce that right. The
   choice to exact consideration in the form of compliance with the
   open source requirements of disclosure and explanation of changes,
   rather than as a dollar-denominated fee, is entitled to no less
   legal recognition. Indeed, because a calculation of damages is
   inherently speculative, these types of license restrictions might
   well be rendered meaningless absent the ability to enforce through
   injunctive relief."
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