[SATLUG] F/OSS motivations

Todd W. Bucy toddwbucy at grandecom.net
Wed Aug 13 23:15:48 CDT 2008


>   
> 
> 
> You might want to look at what the Federal Appeals Court in California thinks. 
> See page 8, first paragraph.
> 
> http://www.cafc.uscourts.gov/opinions/08-1001.pdf
> 
> "The lack of money changing hands in open source licensing should not be 
> presumed to mean that there is no economic consideration, however.  There are 
> substantial benefits, including economic benefits, to the creation and 
> distribution of copyrighted works under public licenses that range far beyond 
> traditional license royalties."
> 
>    -- Bruce


Thanks Bruce.  This court opinion will help me in making my case as it
highligts the fact that economic benefits are not limited to monetary
benefits.  I particularly like the following passage:

 The Eleventh Circuit has recognized the economic motives inherent in
public licenses, even profit is in immediate...program creator "derived
value from the distribution [under a public license] because he was able
to improve his software on suggestions sent by end-user...it is logical
that as the Software improved, more end-users used his software, therby
increasing [the programer's] recognition in his profession and the
liklihood that the Software would be improved even further."

This however is only a legal opinion which recognizes what ESR wrote
about in the Cathedral and the Bazaar (2001).  

Todd



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