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

[John Cowan]

dtemeles at nvalaw.com scripsit:

> 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;

If adoption and growth of FLOSS software has been slowed, the evidence
must be only anecdotal.

> ii) results in a number of poorly drafted open source licenses;

The poorly drafted ye have always with you.  What's more, lawyers don't
agree on good vs. poor drafting in this area, or there wouldn't be so
many licenses.

> I humbly suggest that over the next 40 years, it will be  
> critical to our economy that we restructure our laws to streamline  
> IP/IC creation, maintenance and transfer much like we have attempted  
> to do with various types of commercial transactions through the  
> adoption of the Uniform Commercial Code.  

In my not so humble opinion, there is far too much of this damned IP
already, and the more restricted it is, the better.

-- 
John Cowan   cowan at ccil.org    http://ccil.org/~cowan
The known is finite, the unknown infinite; intellectually we stand
on an islet in the midst of an illimitable ocean of inexplicability.
Our business in every generation is to reclaim a little more land,
to add something to the extent and the solidity of our possessions.
        --Thomas Henry Huxley