Re: is the "lucent public license" DFSG-free?

[Florian Weimer <fw@deneb.enyo.de>]

* Josselin Mouette:

>> 8. GENERAL 
>
>> If Recipient institutes patent litigation against a Contributor with
>> respect to a patent applicable to software (including a cross-claim or
>> counterclaim in a lawsuit), then any patent licenses granted by that
>> Contributor to such Recipient under this Agreement shall terminate as
>> of the date such litigation is filed. In addition, if Recipient
>> institutes patent litigation against any entity (including a
>> cross-claim or counterclaim in a lawsuit) alleging that the Program
>> itself (excluding combinations of the Program with other software or
>> hardware) infringes such Recipient's patent(s), then such Recipient's
>> rights granted under Section 2(b) shall terminate as of the date such
>> litigation is filed. 
>
> Patent retaliation clause, applicable to patents unrelated to the
> software. IIRC this was already declared non-free.

This is the standard patent clause in the IBM Common Public Licsense.
It's DFSG-free.

The whole license is CPL-based.  I wonder if Lucent's license itself
infringes upon IBM's copyright on the license.