My issue with reports on cost savings is when that is the sole argument for using open source. Especially in government systems, I think there are more compelling advantages. I will admit that my view may be unreasonable but am willing to bear that burden if my push for more than just bottom line accounting gets folks thinking.
Fair enough on asking Masnick to go further, considering an even more fruitful view. The comments you point out are consistent with the discussion around liability that Gavin Baker and I were having over lunch Friday. His notion is that lowered liability should only be available to folks creating derivative works. I think that fits well with the suggestion Geof makes of assessing the benefits of creativity.
Doesn’t it all ultimately fall under the very definition of the progress clause? Again, rather than bickering over balance, aren’t we supposed to be chewing over what forms of intellectual monopoly and/or other regulation serve the spirit of the clause?