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

Simon Phipps simon at webmink.com
Wed Aug 19 18:16:36 UTC 2026


Hi all,

On Wed, Aug 19, 2026 at 4:40 PM McCoy Smith <mccoy at lexpan.law> wrote:

>
> So at least MPLv2 & GPLv3 (and maybe GPLv2?) give a (C) termination
> right upon patent assertions. CDDLv1.1 does as well (see Sec 6.2). So,
> at a minimum, I think we can conclude that a patent defensive
> termination clause that allows for termination of copyright rights isn't
> anomalous
>

However, I have still seen no evidence that there is an example of an
OSI-approved license where copyright claims trigger any form of rights
termination. As I recall (and I apologise for not having chapter and verse)
any form of copyright grant revocation has been controversial in the past
as it potentially removes Freedom 0 - I seem to recall attempts to claim
that Freedom 0 is not an OSI matter when the discussion arose.

It seems to me that a license revoking Freedom 0 upon a copyright claim
cannot assure software freedom. Other difficulties have been mentioned, but
this seems fundamental.

Cheers

Simon
(in a private capacity)
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