Proposed new OSD item - patent termination

[Bruce Perens]

Arnoud Engelfriet wrote:

>But I do not think it's reasonable to ask for a consideration in a totally unrelated area.
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Can you write a good definition of "unrelated area" that protects Open 
Source?

>Of course, the condition of this analogy would run afoul of OSD #9.
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#9 disallows an Open Source license from having terms restricting 
aggregation in copyright law rather than derivation. Covenants regarding 
lawsuits may be rejected due to being judged as burdensome, but it's not 
clear this falls under #9.

>Other than what I was taught in Compsci 101: software is the part you can't kick.
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I'll never forget the day I got a Buzz Lightyear toy, after seeing Buzz 
on a screen for years at Pixar and thinking of him as only a virtual object.

    Thanks

    Bruce