GPL-like patent license

[Vries Gerjon de]

> I've thought about this, and it is my hope that the license I
> circulated precludes it. Clauses 4 and 5 read.
> 
> 4. Source code for all programs used under this license must be
>    publicly available, and public notice provided of means to obtain
>    said source code.
> 
> 5. The publicly available source code under clause 4 must either be
>    US Govt work not subject to copyright or be copyright and
>    made available according to the terms of any version of 
> the GNU General
>    Public License or the GNU Lesser General Public License as
>    published by the Free Software Foundation, 59 Temple Place, Suite
>    330, Boston MA 02111.
> 
> Note that there is nothing in clause 4 about distribution. If Bad
> Company is practicing the patent (I think that's the right phrase) in
> its extensions, then it must make the source code for all programs
> that constitute such practice public by clause 4. And, by clause 5 it
> must make these G3 (GPL, LGPL, or govt. produced). If Bad Company is
> including enhancements covered under its patent, that's OK, provided
> that this is compatible with G3, presumably via a patent license that
> is similar to this one.  If it is incompatible with G3, then it
> is incompatible with this license. So, the use you describe should
> be precluded.

I don't think your reasoning holds. You can only (and do so by clause 5)
allow distribution under GPL, if the code will be licensed under GPL. GPL
does not allow additional restrictions/terms. Hence section 4 (and the rest
of your license) will be void when someone chooses to distribute the code
under the GPL.


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