--- On Sun, 2012/3/18, Steve Berg <sb...@mississippi.com> wrote:

> On 03/17/2012 12:45 PM, Dave Ihnat wrote:
> > Well, playing_Advocatus Diaboli_, what if some moneyed software company
> > claims Open Source software being hosted for download is violating their
> > copyrights, and uses this excuse to shut down archives?
> Wouldn't that be similar to folks wanting to shut down Smith & Wesson because 
> a S&W gun was used in a crime?

Ridiculous, but... This is also an issue currently under review in various US 
courts, but not a popular enough subject to bring much public attention. The 
general consensus is that this is ridiculous, but some industrial harms claims 
and tort suits have set necessary precedents.

Review some of the legal discussions and decisions related to Ralph Nader's 
public campaigns against inflexible hood/bonnet adornments in the 70's and 80's 
(tip of the iceberg, but you have to begin somewhere).

Anyway, suffice to say that there *is* legal support for this argument, at 
least in precedent, whether or not it tramples the Constitution (which clearly 
doesn't matter these days anyway). That open source folk aren't paying 
attention to this idea is almost comical -- but perhaps is just a testament to 
the success of it. Open source has (so far) been so successful that those 
involved in it today largely aren't the same as the ones who remember the 
initial legal issues or what the idea was really about in the first place (or 
how scary the alternatives are).
-- 
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