Proposed new OSD item - patent termination

Matthew Garrett mjg59 at
Sat Apr 9 11:01:42 UTC 2005

No copyright license termination on unrelated patent action

The copyright license must not terminate if patent action unrelated to
the licensed software is initiated against the licensor.


The APSL contains a term that terminates the entire license if you
initiate patent action against Apple. Apple manufacture hardware - if
they infringe a hardware patent I hold, I'm not able to sue them if I
want to carry on using any software they produced. Open source licenses
shouldn't restrict my rights to perform reasonable acts (such as sue a
hardware manufacturer for patent infringement).

Matthew Garrett | mjg59 at

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