>>A "preexisting" original author using an open source
>>"standard form" license is attempting to use his >>lawful monopoly in authorizing derivative works of >>his "preexisting" original work to control the >>exclusive rights granted to all subsequent >>offerees' derivative modifications to that >>"preexisting" work. The Copyright Act states:
I think that's a pretty strong assumption. I don't see any of your examples classifying open source software authors as monopolies. In fact, I think software has always been distributed under restrictive, creative, and otherwise weird terms.
It's the right the owner of a creative work to distribute it as he pleaases. It is, after all, his property. I think any court would agree that if you can change $10/end-user*5 (or whatever other obsurd licensing exists), then you can give your creative works away for free, demanding only a payment of intellectual property and credit to the original author (GPL vs BSD) when the end-user chooses to use it by modifying and redistributing it.