My friend Lothar Determann of Baker & McKenzie gave a really impressive presentation at this years OSBC in San Francisco on The Viral/Immunizing Effect Revisited – How Far Can/Do/Should Open Source Licenses Go?.

Lothar presented a very interesting angle on copyleft open source licences. His point was among others that copyleft provision (theoretically) could be invalidated by the courts as “copyright misuse”. Copyright misuse is an equitable defense against copyright infringement in the United States based on the unreasonable conduct of the copyright owner.

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