STWL 1.0, revision 4
bfastenrath at mac.com
Tue Nov 16 12:14:55 UTC 2004
Arnoud Engelfriet wrote:
> I really do not understand why you keep insisting on the phrase
> "claims derived from said patents". It's a very confusing term
> to me, and I'm a patent attorney. So I think many lawyers
> will become very confused as well.
>> "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
> Why not use the relevant parts of the MPL or AFL? Something like
> "legal action alleging infringement of said patents, including
Okay, how is this? I turned "including" into "excluding" because I
consider it acceptable if open source companies use software patents to
defend against legal action concerning software patents as long as
software patents are possible at all.
"5. If you are owner of software patents you agree to refrain
from any legal action alleging infringement of said patents, excluding
countersuits, 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."
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