Community Rights and Community Wrongs

Posted by Andy_Updegrove on Nov 1, 2010 10:58 AM EDT
ConsortiumInfo.org Standards Blog; By Andy Updegrove
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As Oracle's acquisition of Sun demonstrates, FOSS licenses alone aren't enough to protect developers. Luckily, there are other well-tested legal tools available. So why don't developers use them?

Although the continuing debate over the future of Java and OpenOffice should not surprise, the fact that developers have allowed themselves to be caught in this position to begin with should. The reason? The community has overestimated the power of software licenses – even FOSS licenses – to protect their rights, and opted not to take advantage of other tools that could.

Yes, today’s restrictive licenses embody powerful rights, but those rights are no stronger than the ability of their owners to assert them. Placing all one’s defensive reliance on a single legal tool can make no more sense than relying on a single weapons system. It’s all too easy to be outflanked by an enemy with a more diverse armament.

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