For what it's worth, I agree entirely. No software patent is legitimate, and clauses stating that you can't continue to use a pieceof Free Software while claiming that software infringes your patent areboth Free and desirable.
That is a bug with some jurisdictions, not a problem in copyright law. Attempting to use copyright law to fix all the world's ills is a short road to madness. If you are in a swpat-afflicted place, then losing your patent licence is sufficient to forbid use, as I understand it. There seems little need to confuse copyright and patent laws.
Do these terms try to change the usual presumption that no-one has wronged anyone? Bogus copyright accusations are also illegitimate, yet the GPL does not state that you can't continue to use a piece of free software while merely *claiming* that it infringes your copyright. Does any free software copyright licence contain a "copyright defence" clause similar to these "patent defence" clauses? Are there copyright clauses which forbid even participating in copyright cases about that work? Have they been or would they be regarded as following DFSG?
-- 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