Termination for Patent Action

Lawrence E. Rosen lrosen at rosenlaw.com
Sun Sep 28 15:37:31 UTC 2003

> The problem I have with this clause is that it is impossible
> to evaluate its impact in advance. With the GPL's patent 
> clause you know its scope: the software you license. With the 
> old AFL/OSL clause, and IMHO also with this new one, you 
> don't know what your non-assert is going to be. In other 
> words, you don't know what you are licensing. 

The theory behind this clause is that you need to consider carefully before
you sue an open source licensor for patent infringement.  Such lawsuits will
no longer be risk-free.  You have the right to sue, of course, but you lose
your license to that software if you do.

I agree, it is impossible to evaluate its impact in advance.  But you must
take explicit action to sue before you are subject to having your license
terminated.  Termination doesn't just happen, you make it happen.

/Larry Rosen

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