encforceability of Open Source Licences (Re: (OT) - NOT A Major Blow to Copyleft Theory)

[Tzeng, Nigel H.]

> From: David A. Temeles, Jr. [mailto:dtemeles at nvalaw.com]

> License-discuss may not be the appropriate forum for the discussion
> Alexander is raising, but this topic is of significant interest and import
> to the open source community and should be discussed vigorously by the
> members of the open source community.  I would think that the members of
> this list would have more intellectual curiosity in the enforceability of
> open source licenses than demonstrated over the past few days in the
> responses to Alexander's posts. 


Yes, that was kind of my thought. And I'm not sure why this topic (enforceability of copy left) isn't in the license-discuss charter.  I would think that "Are open source copy left licenses enforceable?" would be one of the things in the FAQ about open source licenses.

 

Suggesting that programmers go read the amicus briefs isn't any more illuminating than reading Alexander's legalese laden posts.  Other than highlighting the importance of this decision...

 

There hasn't been any response other than why should anyone expect any of the lawyers to explain what is going on to us laypersons in plain english rather than an amicus brief designed to convince a judge that a previous decision was incorrect.

 

Thank goodness for google.  Would have been too hard for someone to point at Mark's blog post?

 

http://lawandlifesiliconvalley.blogspot.com/2007/08/new-open-source-legal-decision-jacobsen.html <http://lawandlifesiliconvalley.blogspot.com/2007/08/new-open-source-legal-decision-jacobsen.html> 

 

Unfortunately I haven't seen anything beyond this (other than a note in December that this was one of the top 10 legal issues involving open source in 2007).  But maybe I missed something.

 
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