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

Rick Moen rick at linuxmafia.com
Mon Feb 11 20:57:51 UTC 2008

Quoting dtemeles at nvalaw.com (dtemeles at nvalaw.com):

> I think there are a number of problems with the standard rejoinder.   
> The existence of widespread disagreement regarding the license v.  
> contract, statutory infringement remedies v. contract remedies, and  
> condition v. covenant issues, among other things: i) creates a level  
> of risk and uncertainty that slows the adoption and growth of open  
> source software and licensing strategies; ii) results in a number of  
> poorly drafted open source licenses; iii) contributes to license  
> proliferation.

Although those are indeed well known to be issues worthy of concern on
their own merits, I cannot help noticing that they do not actually
_address_ the standard rejoinder to the "What happens if open source
licence [foo] is judged invalid?" question (which was, to review, that
without said licence, recipients would end up by statute with fewer,
rather than more, rights to the covered work).

More information about the License-discuss mailing list