As I do not know, how the "No Discrimination"-parts of the DFSG are
interpreted, I wanted to ask about the Jabber Open Source Licence
(http://www.opensource.org/licenses/jabberpl.html), escpecially about
9b) of it:
Termination Upon Assertion of Patent Infringement. If you initiate
litigation by asserting a patent infringement claim (excluding declaratory
judgment actions) against Licensor or a Contributor (Licensor or
Contributor against whom you file such an action is referred to herein as
'Respondent') alleging that Licensed Product directly or indirectly
infringes any patent, then any and all rights granted by such Respondent
to you under Sections 1 or 2 of this License shall terminate prospectively
upon sixty (60) days notice from Respondent (the "Notice Period") unless
within that Notice Period you either agree in writing (i) to pay
Respondent a mutually agreeable reasonably royalty for your past or future
use of Licensed Product made by such Respondent, or (ii) withdraw your
litigation claim with respect to Licensed Product against such Respondent.
If within said Notice Period a reasonable royalty and payment arrangement
are not mutually agreed upon in writing by the parties or the litigation
claim is not withdrawn, the rights granted by Licensor to you under
Sections 1 and 2 automatically terminate at the expiration of said Notice
I do not understand court-english very well, but I understand as if you
were able to discriminate against patent-holders by putting some code,
infringing some patent they have, in the product, so that thay can no
longer use it.
As opensource.org sees it as free, while using rules built on the DFSG,
I'm curious, how this part seen here.
I'm curious, too, if something solely under this licence can even be
modified and distributed by Germans. Is here someone knowing German law,
who could say something, if I'm correct in thinking that article 8
"Disclaimer of Warranty." is void in Germany, and if yes, if "NO USE OF
LICENSED PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER."
is also void then.
Thanks in advange,
Bernhard R. Link