Re: Patent clauses in licenses
On Sun, 19 Sep 2004 20:10:07 +0200, Wouter Verhelst wrote:
> On Sun, Sep 19, 2004 at 03:27:58PM +0100, Andrew Suffield wrote:
>> 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?
The scenario description does not say that the software released by
company A is patent-encumbered. It says that the software released by
company B is the target of allegations of patent infringement by company A.
The important part is that company B has no freedom to sue A for patent
infringement while continuing to use software published by company A upon
which it may have come to rely.
--
Thomas Hood
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