STWL 1.0, revision 3
bfastenrath at mac.com
Mon Nov 15 08:02:11 UTC 2004
Mahesh T. Pai wrote:
> 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'm trying to provide antibiotics. I'm also trying to aid in preventing
the disease to spread in europe. There's no reason to do only one if you
can do both. Your statement hints of a false choice
> 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).
I would consider any action invoking legal authorities to pursue the
infringement of your claims derived from your software patents to be
a legal action. Is this really subject to dispute?
> ``against users of ...'' -- what happens if a claim is raised against
> a distributor??
Commercial distributors can simply refuse to be liable for any resulting
patent dispute. There's no need to protect them as they can protect
> ``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.
That's interesting; my fear was that a license you can establish simply
by downloading a software and complying with its term afterwards can
be reestablished any time if there's no clause denying you to license
the software at that time.
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