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Re: Apple Public Source License

On Wed, 17 Mar 1999, Joseph Carter wrote:

> > I don't think so: it would still collide with the "no discrimination
> > against fields of endaveour" part of DFSG.

> Filing lawsuits to disrupt or otherwise harm free software is a field of
> endeavor?

The clause does not restrict iteself to cases where the lawsuit harms free

Even if it did, I don't think the activity you're describing is any less
a field of endaveour than manufacturing nuclear weapons, executing capital
punishment, censoring newspapers in totalitarian states, ...

> "If you're trying to sue me over this program then you may not use it" is
> hardly discrimination.

Thats not what it says, either. The hypothetical clause we're discussing
says "if you sue me over a software patent, no matter if this program is
related to your suit, you may not use the program".

Example. I discover a marvellous new algorithm. In a politically driven
attempt to further the free software case I patent my algorithm and issue
a public statement saying, "I hereby allow anyone to freely use my patent
in any program that is copyright licensed under a DFSG-free license".

Apple begins using my algorithm in a proprietary program. I sue Apple,
demanding that they make their program free or stop distributing it.
This terminates my license to the (totally unrelated) program that
contained the patent suit clause.

Would you argue that what I'm doing can be adequately described as 'filing
lawsuits to disrupt or otherwise harm free software'?

Henning Makholm

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