“Copyright is a trial lawyer’s dream — a regulatory program enforced by private lawsuits where the plaintiffs have all the advantages, from injury-free damages awards to liability doctrines that extract damages from anyone who was in the neighborhood when an infringement occurred. …Recently, David Boies, famous for his representation of Al Gore, signed a rich contingent-fee deal to pursue a claim that Linux open-source software violates his client’s copyright. Last month, he launched test cases against DaimlerChrysler and AutoZone. If he prevails, businesses all across the country could find themselves paying big damages simply for having purchased Linux servers. It’s asbestos litigation for the Internet age.” (Stewart Baker, “Exclusionary Rules” (review of Lawrence Lessig’s Free Culture), Wall Street Journal, Mar. 26, reprinted at Steptoe & Johnson site)(more on technology and IP law). P.S.: David G. Post of Temple reviews Lessig’s book in the November Reason, and is in turn reviewed (before the fact) by Frank Gilbert at Slinkard Review.

Filed under: asbestos, Chrysler, copyright, tech through 2008