Re: Open Software License v2.1
Andrew Suffield wrote:
> 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).
In this case, however, I would make the case that by suing claiming that the
Work is infringing a patent, the person suing is not complying with the
spirit of the license. The person suing is certainly attempting to claim
that the license is not really valid for anyone *else*, and if it's not
valid for anyone else, why should it be valid for the lawsuit initiator?
> Anything that requires a contract-like construct, rather than a simple
> license, is probably non-free.
"Probably" is a key word here. I understand your position though; it has
sense to it too.
I do think this sort of clause is unnecessary in a copyleft license with
explicit patent grants, like the OSL, because that already prevents the
"patent holder steals the work" scenario.
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