Proposed new OSD item - patent termination
Brendan Scott
lists at opensourcelaw.biz
Sun Apr 10 04:22:09 UTC 2005
Bruce Perens wrote:
> This provision doesn't seem to be in the general interest of Open Source
> software because it would prevent an Open Source license from
> terminating when patent action is brought regarding other Open Source
> software.
>
> I would much rather see it done the way Larry once proposed (which he
> should have stuck with IMO), which was that if you brought a patent
> action regarding any software with an Open Source license, the licenses
> for other Open Source software would terminate. Larry backed down on
> this because of opposition from HP. Given the way that IBM and HP,
> purportedly our friends, are lobbying for increases in software
> patenting that will do serious damage to Open Source, we need to think
> about this sort of defense.
So, create a rider which achieves this and let anyone apply the rider to their preferred license. I think it would be snapped up by the developer community "toot sweet".
Brendan
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