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

[Rick Moen]

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).