I spent last Thursday and Friday in Brussels, attending the European Commission’s Oral Hearing in the competition investigation of the acquisition of Sun Microsystems by Oracle. The proceedings at the Oral Hearing were confidential; I cannot write about the presentations made there by others. I can, however, summarize the three points I made during my brief presentation on Friday; my previous written submission to the commission is already available. I want to explain what I said and where I think we stand now that the Oral Hearing is over.
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Black Duck Software recently published some summary statistics about free and open source software license adoption, based on data it collected by crawling the web. The report lists “top 20 licenses that are used in open source projects” and the proportion of projects which use each license, as well as historical figures purportedly representing the number of projects using and planning to use GPLv3 variants for each month of the last two years. Because of inherent difficulties in collecting this kind of data, and because Black Duck’s own methods are opaque and unverifiable, the report is largely meaningless.
Law.com recently ran a sensationalist piece by Edmund J. Walsh warning of the impending “dangerous real world business dispute” in store for any for-profit company that uses free software. Walsh points to lawsuits filed by SFLC on behalf BusyBox as a source of this danger, and having worked on those lawsuits, I hope I can provide a helpful counterpoint.