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Re: Open Software License v2.1



Brian Thomas Sniffen wrote:
> Raul Miller <moth@debian.org> writes:
>>On Tue, Sep 21, 2004 at 09:44:47PM -0400, Brian Thomas Sniffen wrote:
>>>: A writes some software, and GPLs it.  B claims that the software is
>>>: on his hard drive, and sues A for that drive.  B wins, and now only
>>>: B can distribute the software -- A can't [and no one else can]
>>>: without getting a license from B.
>>
>>This scenario of yours has nothing to do with the freeness of the license.
> 
> It's just your patent scenario from above, rephrased to deal with
> physical property.  Are you claiming that a license which prevents
> this scenario, by terminating the copyright license to anyone who
> sues regarding physical media containing the software, is free?

Patents are not property.  Patents do not behave like property, despite
the unfortunate terms used to refer to a broad class of law that
includes patents.  Claiming that someone stole your property in no way
approximates a patent lawsuit.  Using your analogical situation, the
comparable case with a patent lawsuit would be B claiming that A's hard
drive is similar to B's hard drive, and that B thinks he should control
all hard drives similar to his.

- Josh Triplett

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