[lug] SSSCA to make all open source software illegal

[J. Wayde Allen]

On Tue, 23 Oct 2001, D. Stimits wrote:

> You should see the barage of email on the kernel dev list. But as far as
> "unenforcable" goes, I think it would do extreme damage so fast that it
> would still be a disaster.

I see this kind of thing all the time.  What I think is often forgotten is
that enforcement of this sort of thing has to be done through the
courts.  This is really where the rubber meets the road.

Take for instance the guy who claims that you can't use his widget because
he owns the patent.  This is a common claim on the net, but it is pretty
hollow.  A patent is a piece of paper.  It really only gives the owner
some legal leverage to try and prove to a court that he did in fact
invent, and therefore owns, this widget.  This piece of paper itself
doesn't prevent people from using this guys widget without his permission.  
After all, it is nothing but a piece of paper.  It is up to the owner of
the patent to enforce his position.  Unless this guy is willing to sue
someone then the patent isn't all that useful.

Hopefully, if this law were passed we'd see some immediate legal
challenges to its validity and enforceability.  This is where it starts to
get scary, and why fighting now is important.  Once something gets into
the courts it becomes pretty subjective and the results can be
unpredictable.  I've got a friend who says that there are three kinds of
right:

   1. Morally right
   2. Technically right
   3. Legally right.

We can always argue about #1, and sometimes prove #2, but there really
isn't much point in us fighting over #3 since it is determined by someone
else.  (The best you can hope is that whomever gets involved with making
the decision on #3 at least understands the issues.)

It could be a disaster, but businesses won't, at least I rather doubt it,
stand by and give up their lively hood without a fight.

(OK, I've broken a longstanding personal rule about me posting political
commentary on this list.  Time for me to quit I think.)

- Wayde
  (wallen at lug.boulder.co.us)