Copyright itself is a problem. BSD underestimated it or did not consider the implications that the USA government could just one day decide to take a gigantic shit on their parade and ruin decades of hard work 'just because'.
This is why people that say IP rights is necessary for advancement in technology need to be smacked about the head and shoulders with the cluebat.
The copyleft license is a good work around for the evils of copyright. I think the effects of community building and corporations knowing they can release code certainly exists, but I think it tends to be overrated and the legal overhead and difficulties with copyright (even when largely neutered with copyleft) kinda makes it a very mixed blessing.
And, frankly, he is absolutely right that if it was not for the BSD lawsuit then we would all be cheerfully running BSD. And much better off for it, also. Instead of having to spend years developing Linux to get it to the point were BSD was before the lawsuit the Linux hackers would of instead be already working on something very capable and we would be far and advanced then were we would be now.
It wouldn't be the BSD we have today, of course. Quite possibly it wouldn't be much different then what we will have in a few years with Linux.