Brian T. Sniffen wrote: > 5. Reciprocity. If You institute patent litigation against a > Contributor with respect to a patent applicable to software > (including a cross-claim or counterclaim in a lawsuit), then any > patent licenses granted by that Contributor to You under this > License shall terminate as of the date such litigation is filed. > [snipped] > > If I use Apache, and have a significant cost to switch my operations > away from Apache, then I dare not sue any Apache contributor who > infringes on my patents: if I do so, I lose my licenses to use Apache.
Actually only the patent license would be terminated, not the copyright license. If you use Apache in a country where the patent is not in force, you are not affected by this clause. Or maybe you have a cross-license with the patent holder. Anyway, it's my understanding that this part of clause 5 has be deleted in the next draft. Arnoud -- Arnoud Engelfriet, Dutch patent attorney - Speaking only for myself Patents, copyright and IPR explained for techies: http://www.iusmentis.com/
