Re: DFSG-freeness of Apache Software Licenses
In the second case, if the license purports to involve useage, which
(for example) the Apache Software Licenses do, a revocable license is
a useage restriction.
The license does not restrict usage at all. The outside universe of
patent law restricts usage. The contributors are granting a freedom
that did not exist before on the premise that everyone benefiting
from the work also grants that freedom. Without reciprocity, no such
license will be given, and thus no grant is made. The only reason
that the license even mentions usage is for the sake of granting
permission to use.
Termination of the patent license does not imply that the recipient
cannot use the software. If they have a license via some other means,
do not believe the patent is enforceable, or simply do not use the
software in a way that would cause infringement, then even the loss of
the specific patent grant in this license does not affect their rights.
Nowhere does it say that the recipient cannot use the software without
that patent license, nor does it imply that such a patent would be
valid or enforceable. In short, it doesn't restrict freedom other
than the new freedom that was given by the patent grant.
....Roy
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