[License-review] For Approval: OpenMDW License Agreement, versions 1.1 (OpenMDW-1.1)

[Simon Phipps]

On Fri, Sep 11, 2026 at 5:37 PM McCoy Smith <mccoy at lexpan.law> wrote:

>
> If you truly believe that the model is something that is copyright
> infringing of your copyrights, why would you continue to *want* to use it?*
>
>
Because it is still delivering valuable results? Because, having discovered
it uses your work, you feel more entitled to benefit from it not less?
Because you have a paid account to a larger service offering? Because
"participat[ing] in a lawsuit against any person or entity asserting that
the Model Materials directly or indirectly infringe any patent or
copyright" is so all-inclusive that the case may not be closely associated
with your usage of the tool you are using? Because the case in question is
a broader copyright enforcement action against a corporation that does not
respect open source license conditions?

I can think of plenty of reasons threatening a user with loss of
capabilities that they need is unreasonably chilling especially when those
capabilities are part of a broad service offering that's offered
all-or-nothing.  Reciprocal denial may be an appropriate sanction for
patent licenses in a case between patent-holding aggressors, but the
copyright trigger goes far beyond that special case to touch individuals,
projects and communities that just want to enforce their open source
licenses.

Simon
(in a personal capacity)
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