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

John Cowan cowan at ccil.org
Mon Feb 11 21:10:14 UTC 2008

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

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