IANAL
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(Oct 10, 2007 - 11:18 PM)
Ballmer is fighting a loosing battle.
Under section 8 of the Constitution
"To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;"
Once the court comes to acknowledge that the goal of promoting progress of science and useful arts is better served by FOSS license there will be exceptions carved out for free & open-source projects.