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

[Walter Landry <wlandry@ucsd.edu>]

Henning Makholm <henning@makholm.net> wrote:
> | 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.

Actually, the IBM public license has a very similar clause

   If Recipient institutes patent litigation against a Contributor
   with respect to a patent applicable to software (including a
   cross-claim or counterclaim in a lawsuit), then the patent licenses
   granted by that Contributor to such Recipient under this Agreement
   shall terminate as of the date such litigation is filed.  In
   addition, If Recipient institutes patent litigation against any
   entity (including a cross-claim or counterclaim in a lawsuit)
   alleging that the Program itself (excluding combinations of the
   Program with other software or hardware) infringes such Recipient's
   patent(s), then such Recipient's rights granted under Section 2(b)
   shall terminate as of the date such litigation is filed.

and that is allowed in main.  In fact, at the time when it was
accepted someone (I don't remember who) thought quite highly of this
particular section.

Regards,
Walter Landry
wlandry@ucsd.edu