Re: [Olga.Caprotti@risc.uni-linz.ac.at: Research Institute for Applications of Computer Algebra: Licenses]

[Henning Makholm <henning@makholm.net>]

Scripsit A Mennucc1 <debian@Tonelli.sns.it>

> I have read it, but my english fails me when it says:
> "2.1 ....subject to third party intellectual property
>     claims:
>     (a)  under intellectual property rights (other than patent or
>     trademark) Licensable by Initial Developer to use, reproduce, modify,
>     display, perform, sublicense and distribute the Original Code (or
>     portions thereof) with or without Modifications, and/or as part of a
>     Larger Work; and...

> I am not sure of what it means to say "under intellectual property"

My best guess is that it means something along the lines of "The
country and law under which you happen to live may require you to
obtain some kind of permission from us to use, reproduce, &c. the
code. Even if your country's law doesn't call it `copyright' you
hereby get that permission, except for patent and trademark right".

Seems fairly harmless, BUT...

> http://crystal.win.tue.nl/license/rpl.html

Clause 8.2(b) seems to be a showstopper:

| 8.2. If You initiate litigation by asserting a patent infringement
| claim (excluding declaratory judgment actions) against Initial Developer
| or a Contributor (the Initial Developer or Contributor against whom
| You file such action is referred to as "Participant")  alleging that:

| (b) any software, hardware, or device, other than such Participant's
| Contributor Version, directly or indirectly infringes any patent, then
| any rights granted to You by such Participant under Sections 2.1(b)
| and 2.2(b) are revoked effective as of the date You first made, used,
| sold, distributed, or had made, Modifications made by that
| Participant.

which apparently says that if I have *any patent at all* (especially
if unrelated to the program) I must give the software authors free
access to my patent in return for using, distributing &c. their
program.

I would consider that "discriminating against a field of endeavor" -
namely the field that consists of making genuinely relevant and
legitimate technical innovations and collect money from patent
licenses.

-- 
Henning Makholm                                "*Se*!! Nu hælder den vand ud
                                         af ørerne *igen*!! *Et mirakel*!!!"