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Re: Open Software License v2.1



On 2004-09-13 03:39:39 +0100 Glenn Maynard <glenn@zewt.org> wrote:

"This License shall terminate automatically and You may no longer
exercise any of the rights granted to You by this License as of the date You commence an action, including a cross-claim or counterclaim, against
Licensor or any licensee alleging that the Original Work infringes a
patent."

The new clause may still not satisfy everyone, but it's much better: it
no longer forbids all patent action against Licensor; in fact, it no
longer makes a special case of the Licensor at all.

It is a great step forwards: it no longer contaminates other software. Sadly, as written, it still seems to terminate a copyright licence as a consequence of patent-based action, even in self-defence. Until I'm shown harder facts about copyright misuse and trademark misuse in each law this licence is used in, I'm still uncomfortable with this idea.

There also appears to be a choice of venue, which I still consider a arbitrary charge option on the licensee. It is balanced by a fees clause, but the side with deeper pockets still has the advantage, AFAICT.

--
MJR/slef    My Opinion Only and not of any group I know
 Creative copyleft computing - http://www.ttllp.co.uk/
http://www.thewalks.co.uk stand 13,Lynn Carnival,12 Sep



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