software patents (STWL: please comment)

Arnoud Engelfriet galactus at
Mon Nov 15 11:12:00 UTC 2004

Bernhard Fastenrath wrote:
>   "5. If you are owner of software patents you agree to refrain from
> any legal action based on infringement of your intellectual property 
> claims derived from __said_patents__ against users of open source 
> software and concerning open source software as defined by the Open 
> Source Initiative (OSI)."

I have no idea what "intellectual property claims derived from
said patent" means, but it's certainly more common to say 
"infringement of said patent". I can imagine many allegations
arising from a patent that have nothing to do with patent

> >No.  But I reserve the right to sue those who infringe my copyright.
> >(My name is on a patent, though that patent has nothing to do with
> >any software I have released.)
> This paragraph is only related to software patents. You have to have
> a software patent or this paragraph does not apply.

Then please don't use the phrase "intellectual property claims".
Copyright is commonly considered a form of intellectual property,
so by speaking of IP claims you create the impression copyright
infringement is also covered.


Arnoud Engelfriet, Dutch patent attorney - Speaking only for myself
Patents, copyright and IPR explained for techies:

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