STWL 1.0, revision 5
galactus at stack.nl
Wed Nov 17 20:43:38 UTC 2004
Bernhard Fastenrath wrote:
> 5. In case the licensee takes legal action alleging infringement of
> software patents the licensee holds and concerning open source software
> as defined by the Open Source Initiative (OSI) this license is suspended
> for the duration of the validitiy of said patents.
I'm missing the "excluding countersuits" that you had in the
previous version. But legally speaking it seems fine.
> 6. In case the previous clause is held to be unenforceable by local
> jurisdiction the author of this software retains the right to suspend
> this license at any time without further explanation under the
> conditions of the previous paragraph.
I would say "by a competent court" rather than "by local
jurisdiction". A jurisdiction is a geographical region
which cannot rule anything. And "competent" here means "has
the authority to rule", not "they understand what they're
But if the clause is unenforceable, then I don't think it's
enforceable to invoke an at-will suspension clause. That would
so evidently be an attempt to avoid the court's order that it
might be seen as contempt.
> Yes, the clause could only form a protective environment based on
> hesitation to enforce software patents against open source if a large
> number of projects were to adopt similar clauses and, of course, the
> clause were enforceable at all.
In principle the clause seems enforceable. It's similar to the
early versions of the OSL and AFL and several other licenses
(MPL1.0?). But it's a good way to get the license blacklisted
at any patent-owning company.
Arnoud Engelfriet, Dutch patent attorney - Speaking only for myself
Patents, copyright and IPR explained for techies: http://www.iusmentis.com/
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