[Date Prev][Date Next] [Thread Prev][Thread Next] [Date Index] [Thread Index]

Re: Open Software License v2.1



Andrew Suffield writes:

> Long-standing conclusions, summarised:
> 
> Terminating licenses (copyright, patent, trademark, dog-humping, or
> whatever else might interfere with distribution/modification/use) for
> any reason other than non-compliance is a bit of legal insanity to get
> contract-like provisions into a license. These provisions have to be
> considered like any other restriction (invert the sense of the
> conditional to get the restriction).
> 
> Anything that requires a contract-like construct, rather than a simple
> license, is probably non-free. DFSG-free licenses give things to the
> licensee, not to the copyright holder. They are not a trade (although
> the grant of permissions does not have to be the most generous
> possible), even if their social behaviour resembles one.
> 
> (Corollary of these two: terminating a license for any reason other
> than non-compliance is probably non-free)

Other corollary: Claiming something is a "contract-like provision" is
a useful wedge to make something like the GPL a non-free license.

On the other hand, I always thought free software was about protecting
users, not patent litigants who are supposed to already have working
forms of the patented invention.

> A restriction saying "You may not sue me for patent issues" is
> non-free.

If any licenses said that, it might be relevant.

> Patent licenses are ignored unless there are actively enforced
> patents. In almost every case where we come across these patent
> clauses, there are no actively enforced patents, so we simply ignore
> them - but sometimes people write clauses like this one, which remain
> non-free in the absence of patents.

If the patent licenses are ignored unless actively enforced, do you
have a problem with the Apache License 2.0, in which only the patent
license terminates in the event of patent litigation?

Michael Poole



Reply to: