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