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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