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Re: Patent clauses in licenses



On Sun, Sep 19, 2004 at 03:27:58PM +0100, Andrew Suffield wrote:
> Here's a scenario for you:
> 
> Company A releases a piece of software that includes this clause in
> its license.
> 
> Company B releases a modified version of this software, that includes
> an extra feature.
> 
> Company A has no interest or use in the piece of software created by
> company B; furthermore it desires to eliminate this version.
> 
> Company A sues company B alleging that the extra feature in the
> modified version infringes some of its patents.

I'd be inclined to say that a piece of software which is
patent-encumbered *by the author* is seriously non-free. Especially, but
not only, if the patent holder starts sueing people over it.

Therefore, your scenario is invalid. Have another one?

I cannot think of any situation where a software author, who holds no
patents (and has no interest in getting any), is doing a bad thing to
Free Software as a whole just because he's including a patent defense
clause in his license. If you can, I'd be happy to learn more.

[...]
> This is inevitable from first principles; significant arbitrary
> restrictions are non-free.

Indeed, so all patents are non-free. Therefore, I think patent defense
clauses are a good thing, if worded carefully and not accompanied by
patents themselves.

-- 
         EARTH
     smog  |   bricks
 AIR  --  mud  -- FIRE
soda water |   tequila
         WATER
 -- with thanks to fortune

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