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Re: Taking a position on anti-patent licenses (was ' Re: Bug#289856: mdnsresponder: Wrong license')



On Wed, Jan 26, 2005 at 12:27:44PM -0700, OSS wrote:

> Steve,
> If I follow you correctly
>    A -  writes program #49 and licenced under 
> GPL-compliant-patent-defending-licence
>    B -  distributed program #49 to C-D (may or may not have made 
> enhancement/change)
>    C - determines their patent is infringed by program #49 and launches 
> legal action (presumably against A, B, & D)
>    E - may have patents infringed by program #49, but is otherwise 
> uninvolved & takes no action
>    F - determines their patent is infringed by program #49 and launches 
> legal action (presumably against A, B, & D)
> We know that no option is available to use the licence to defend against 
> F, unless we use the unacceptable path of cross-contamination, etc. (ie 
> any software patent defence terminates all software licences with patent 
> defence clause)

> Josh wants C to lose their licence to use program #49 as a result of 
> legal action as a mechanism to defend A, B & D's rights to develop, 
> distribute & use program #49.

I don't think that Josh has said that -- especially given that you do not
have to have a copyright license to *use* a program.  So in your example,
any copyright license restrictions you impose are no more or less effective
than a patent license that terminates in response to a patent suit.

> You want C to lose any patent licences granted for program #49. How does 
> that help defend program #49 and hedge software patents?

When did I say that it did?  The proper way to defend the program against
party C is by shooting him, obviously; but that's out of scope for copyright
licenses.

-- 
Steve Langasek
postmodern programmer

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