Re: RPSL and DFSG-compliance

[Glenn Maynard <glenn@zewt.org>]

On Sat, Jul 24, 2004 at 03:11:22PM -0400, Glenn Maynard wrote:
> 11.1 Term and Termination. The term of this License is perpetual unless
> terminated as provided below. This License and the rights granted hereunder will
> terminate:

> (c) automatically without notice from Licensor if You, at any time during the
> term of this License, commence an action for patent infringement against
> Licensor (including by cross-claim or counter claim in a lawsuit);

I don't know about the other patent conditions, but I don't think this is
free.  It seems to say "even if we sue you for patent violation, you can't
countersuit with your own".  (As I understand it, that's a very typical
patent defense in the real world: "if you nuke me, I nuke you back".)

While I can sympathise with wanting to use free software as a patent defense
(but don't yet have a strong opinion on it either way), this seems to go
beyond that: attempting to disarm the other guys' defenses, not just their
weapons, setting them up for offensive patent suits.

Of course, IANAL, so I could be reading this clause completely incorrectly.

-- 
Glenn Maynard