On Sun, Sep 12, 2004 at 08:02:36PM +0100, Andrew Suffield wrote: > Old clause: > > Any lawsuit claiming patent infringement revokes your license. > > New clause: > > Any lawsuit claiming patent infringement revokes your license.
Incorrect; the new clause says "lawsuit claiming that this software infringes a patent", which is completely different from the old clause, "lawsuit claiming that the Licensor infringes a patent" even patents unrelated to this work). Part (i) has been completely dropped. > Nothing's changed here. Old clause: "This License shall terminate automatically and You may no longer exercise any of the rights granted to You by this License as of the date You commence an action, including a cross-claim or counterclaim, for patent infringement (i) against Licensor with respect to a patent applicable to software or (ii) against any entity with respect to a patent applicable to the Original Work [...]". New clause: "This License shall terminate automatically and You may no longer exercise any of the rights granted to You by this License as of the date You commence an action, including a cross-claim or counterclaim, against Licensor or any licensee alleging that the Original Work infringes a patent." The new clause may still not satisfy everyone, but it's much better: it no longer forbids all patent action against Licensor; in fact, it no longer makes a special case of the Licensor at all. I'm not sure that this clause necessarily passes the DFSG, but it's clear that the OSI has made a good and, in my opinion, successful effort to clean it up. It's neither fair nor correct to say that nothing has changed. -- Glenn Maynard
