STWL 1.0, revision 3
Mahesh T. Pai
paivakil at yahoo.co.in
Mon Nov 15 07:06:46 UTC 2004
Bernhard Fastenrath said on Mon, Nov 15, 2004 at 07:34:20AM +0100,:
> I'm sorry, it should have read:
> "5. If you are owner of software patents you agree to refrain
> from any legal action based on infringement of your claims derived
> from said patents against users of open source software and
> concerning open source software as defined by the Open Source
> Initiative (OSI). Failing to comply voids this license for the
> validity period of said software patent."
OSI compliance apart, this clause treats only the symptom that too
when patients of a certain kind exhibit them, and not the disease that
software patents are.
I still feel that you need to rephrase and polish this. As pointed
out, you might be better off reusing a paragraph from one of the
already approved licenses.
Here are my concerns about this:-
``legal action'' -- what is that?? Does a DMCA cease and desist
request constitute legal action? (I am not from the US, but I think
somebody from US can elaborate on this).
``against users of ...'' -- what happens if a claim is raised against
``for the validity period of the ...'' -- I am not sure that all
jurisdictions will accept the concept of a license valid when granted
is avoided, only to be revived at a later point of time.
Mahesh T. Pai <<>> http://paivakil.port5.com
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