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Re: Patent clauses in licenses



On Tue, Sep 21, 2004 at 04:55:53PM -0400, Nathanael Nerode wrote:
> Now, in Andrew's example:
> > 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.
> Here, company B must license all its patents which apply to the modified
> version for use with the modified version or any subsequent modified
> version.  Otherwise the version isn't free....
> 
> > 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.
> 
> If company B countersues alleging that the software released by A violates
> its patents, then either
> (1) the software released by B is covered by the same patents
> or
> (2) somehow, it isn't

[Possible; B could have removed some patented features as well]

> After thinking about it, these cases don't differ.

But yes, it's irrelevant. The existence and status of any patents
other than the ones I explicitly mentioned will not affect the
outcome; A has a forcing move to destroy B's fork which they can
exercise at their discretion.

> Does A care about the countersuit?  Maybe, if A absolutely wants to continue
> distributing A's version of the software.

Assume they've got huge reserves of cash and can just sit it out. It
doesn't really matter; that countersuit cannot possibly result in B
being permitted to continue their branch.

> I suppose this is a case where A can screw B.

Freedom to fork is effectively denied. This is reasonably simple to
engineer just by patenting everything you can think of in the given
field.

-- 
  .''`.  ** Debian GNU/Linux ** | Andrew Suffield
 : :' :  http://www.debian.org/ |
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