But isn't it copyright upon which open source is founded? The license is based on the right of the owner of the copyright to authorize someone else to create a derivative work?
Without copyright, it would be perfectly legitimate and legal for someone to not follow a license (because it would bear no legal weight because of the lack of copyright).
I would argue that open source is best served by strong copyright protections that allow the people created the software to make sure that further changes to it are released back to the community. Weakening copyright law means that it is that much easier for big companies to co-opt some software and not need to release the changes back.
Without copyright, it would be perfectly legitimate and legal for someone to not follow a license (because it would bear no legal weight because of the lack of copyright).
I would argue that open source is best served by strong copyright protections that allow the people created the software to make sure that further changes to it are released back to the community. Weakening copyright law means that it is that much easier for big companies to co-opt some software and not need to release the changes back.