Well, it looks like I'm not the only one thinking about this problem. Dries Buytaert blogged about it (from a drupal perspective) a while ago. I'll be interested to see if this idea is useful to the Drupal community.
My original post also seems to be making the rounds, having shown up over on the squeak smalltalk list and on LWN (in a subscription only page, for now). I'm glad that people are talking about it, and I'm glad that I'm getting some feedback (mostly off line).
I'm supposed to go talk to a lawyer/law professor Friday night, so I hope to get some more feedback then. If you've got specific thoughts or issues you'd like me to include in the discussion, please drop a comment below.