I came across this opinion piece by Paul Barton, an attorney at Field Fisher Waterhouse LLP today. I wish he would have attended the Open Source Business Conference before writing his piece. (OSBC includes, among other things, two full days of legal education on open source.) He could have saved himself the embarrassment of misinformation. (I won't call it malpractice. :-)
(Btw, I am an attorney. I don't play one on TV.) (Unfortunately.)
First off, Paul is clearly talking about "in the wild" open source, whereas most enterprise open source adoption is of commercial open source (Red Hat, MySQL, JBoss, etc. etc.). It's true that Red Hat doesn't own the code (or most of it, anyway) that it ships, but this is emphatically not true of virtually every other piece of commercial open source …
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