Some say patents are the big impediment to open source. Others argue for copyright. Russell Ossendryver would argue for trademarks. Unlike copyright and patents, trademarks don’t expire. The only requirement is that trademark holders must vigorously defend their marks.
Read Dana Blankenthorn’s Which laws work hardest against open source? from ZDNet.
Previously from WNM: The “obviousness test,” the “suggestion test,” and the danger patents hold for open-source, DRM in the latest GPL draft. What do all these letters mean?, Patents: Open source’s Achilles Heel and Intellectual property in the era of open source