“The Open Source movement has yet another fan: Robert W.
Gomulkiewicz, a senior corporate attorney for Microsoft Corporation
and, not coincidentally, the Business Software Alliance’s top gun
for the proposed UCITA reforms to commercial software licensing
law.“
“Writing in the Houston Law Review, Gomulkiewicz (1999) argues
that open-source licenses typically contain precisely the UCITA
provisions that are giving fits to consumer advocates, such as the
denial of any legal recourse should a consumer suffer loss, harm,
or injury through use of the software. What’s more, he argues, the
Open Source movement’s history and recent success show why the
UCITA’s protections are needed. When somebody like Gomulkiewicz
expresses admiration for what you’re doing, it’s time to stop for
some serious reflection. After all, this is tantamount to Darth
Vader publishing an essay that praises the way the Rebellion is
headed.”
“I’ll fill in the background of what follows, but here’s the
main point. As Gomulkiewicz himself observes, the open-source
initiative finds it expedient to downplay the “anti-commercial
baggage” and “confrontational attitude” of the Free Software
Foundation in general (and Richard Stallman in particular). But
there’s a risk. As Gomulkiewicz’s work shows, this strategy can
backfire by playing right into the hands of people and corporations
who oppose everything our community stands for. In the end,
open-source software isn’t going to make sense to outsiders unless
our principles are made clear from the get-go. If you’re skeptical,
read on; I hope you’ll see why.”