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Re: Open Software License v2.1

On 2004-09-15 04:14:40 +0100 Josh Triplett <josh.trip@verizon.net> wrote:

Does that really matter, if the condition for termination is acceptable?
If the patent license is terminated, the only reason to care whether
the copyright license terminates as well is if you intend to ignore the
lack of a patent license.  (Granted, Debian tends to do that in many
cases. :) )

I think so. There are at least two interesting cases which terminating copyright licence on patent action hurts free software users.

The first is the case where you were licensed no patents to use the software. Hopefully this will be the most common case, as free software developers reject software patents. If only the patent licence terminates, including the software in a counter-claim defending some patent accusation does not remove your freedom to use the software. Why should a licensor be allowed to use copyright to their advantage when attacking others with patents? Of course, if your counter-claim is successful, I suspect you must grant a RF patent licence for the software to remain free.

The second is when your use of the software only occurs in a jurisdiction which does not have software patents. A similar argument applies.

Furthermore, if you *sue claiming that the work infringes your patent*,

Of course, but I see no reason to unnecessarily harm free software developers who wish to use software patents to defend software patent accusations. It's not a tactic I like, but it seems valid. Further, some have claimed that copyright-based enforcement of patents may be a type of "misuse" so these "all terminates" licence terms are useless anyway, but I'm not sure about that.

I consider myself fortunate that my work is outside the reach of software patents... so far.

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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