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

McCoy Smith mccoy at lexpan.law
Fri Aug 14 21:56:42 UTC 2026


On 8/14/2026 8:24 AM, Richard Fontana via License-review wrote:
> As Luis's message shows, I was reading MPL-2.0 incorrectly. Defensive
> termination is triggered by patent assertions but terminates copyright
> as well as patent license grants. (That would seem to be true of GPLv3
> as well, unless copyright claims are implicitly also a "further
> restriction".) I think my reading of EPL-2.0 was correct.
>
> Richard
At the risk of spinning this discussion off of the topic at question 
(approval of MDW-1.1), I'm interested in how you get to this conclusion 
on GPLv3 (and if it also applies to GPLv2). I think MPLv2 and EPLv2 are 
pretty clear on this point (but with different results).
The language in GPLv3 to me could be read different ways, as I pointed 
out before. Sec 7's discussion of "further restrictions" is qualified by 
"additional terms" which I'm not sure can be read to encompass patent 
litigation (but possibly could encompass a settlement?). Does that mean 
patent litigation a termination condition under Sec 8 ("you may not 
propagate or modify a covered work except as expressly provided under 
this License")? If that's the case, wouldn't it also apply to the more 
vaguely written language in Sec 4 of GPLv2 (I'm not sure I can read Sec 
7 of GPLv2 to impact a patent asserter).
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