Re: AROS License DFSG ok?
Gürkan Sengün <firstname.lastname@example.org> writes:
> Is the AROS license DFSG ok?
> 8.2. If You initiate litigation by asserting a patent
> infringement claim (excluding declatory judgment actions)
> against Initial Developer or a Contributor (the Initial
> Developer or Contributor against whom You file such action is
> referred to as "Participant") alleging that:
> (a) such Participant's Contributor Version directly or
> indirectly infringes any patent, then any and all rights
> granted by such Participant to You under Sections 2.1 and/or
> 2.2 of this License shall, upon 60 days notice from Participant
> terminate prospectively, unless if within 60 days after receipt
> of notice You either: (i) agree in writing to pay Participant a
> mutually agreeable reasonable royalty for Your past and future
> use of Modifications made by such Participant, or (ii) withdraw
> Your litigation claim with respect to the Contributor Version
> against such Participant. If within 60 days of notice, a
> reasonable royalty and payment arrangement are not mutually
> agreed upon in writing by the parties or the litigation claim
> is not withdrawn, the rights granted by Participant to You
> under Sections 2.1 and/or 2.2 automatically terminate at the
> expiration of the 60 day notice period specified above.
Some people believe that this kind of termination clause violates the
> (b) any software, hardware, or device, other than such
> Participant's Contributor Version, directly or indirectly
> infringes any patent, then any rights granted to You by such
> Participant under Sections 2.1(b) and 2.2(b) are revoked
> effective as of the date You first made, used, sold,
> distributed, or had made, Modifications made by that
I read this as meaning that a lawsuit claiming any patent infringement
by a Participant not related to the software terminates the patentee's
license, which seems unreasonable.
The relationship of 8.2(a) and 8.2(b) is ambiguous; it seems to only
make sense if you assume the appropriate conjunction is "or," but it
would be good to get a clarification.