one last post about the Busybox/GPL case

Mark Radcliffe, of DLA Piper (I interview there on Monday, by coincidence) has a ‘view from a real lawyer’ on the case.

Mark seems to suggest that the answer to my question of ‘why now’ may be that this is a reaction to the Jacobsen case. While a number of open source lawyers believed that Jacobsen was poorly decided, there seemed to be nearly universal consensus that the facts (and the license) were not ideal, and that instead of appealing, a different case should be found in which to raise the issue. SFLC may well have decided that this is that different case- better facts, better license, and with a party actually interested in the litigation. But we’ll see, of course…