ECL 2.0 and New Questions!

[Matthew Flaschen]

Chris Travers wrote:
> I would ask what licenses avoid these issues.  I.e. if an organization
> does not have the right to grant the patent, wouldn't that invalidate
> the patent license anyway?

If they don't have the right to license the patent, they may get into
trouble (think massive breach of contract lawsuit) with their exclusive
licensee, but I don't think they would be able to successfully sue the
FOSS recipients.

> IANAL, and I could be missing something.
> Even the GPL v3 only applies exceptions to this in the case of
> distribution relying on a third party explicit patent license (implied
> licenses don't count!),

I don't know what you're trying to say here.

> The solution here unfortunately is patent reform...

Easier said than done.

Matt Flaschen