Gürkan Sengün <[EMAIL PROTECTED]> writes: > Is the AROS license DFSG ok? > > http://www.aros.org/license.html
Likely problems: > 8.2. If You initiate litigation by asserting a patent > infringement claim (excluding declatory judgment actions) > against Initial Developer or a Contributor (the Initial > Developer or Contributor against whom You file such action is > referred to as "Participant") alleging that: > > (a) such Participant's Contributor Version directly or > indirectly infringes any patent, then any and all rights > granted by such Participant to You under Sections 2.1 and/or > 2.2 of this License shall, upon 60 days notice from Participant > terminate prospectively, unless if within 60 days after receipt > of notice You either: (i) agree in writing to pay Participant a > mutually agreeable reasonable royalty for Your past and future > use of Modifications made by such Participant, or (ii) withdraw > Your litigation claim with respect to the Contributor Version > against such Participant. If within 60 days of notice, a > reasonable royalty and payment arrangement are not mutually > agreed upon in writing by the parties or the litigation claim > is not withdrawn, the rights granted by Participant to You > under Sections 2.1 and/or 2.2 automatically terminate at the > expiration of the 60 day notice period specified above. Some people believe that this kind of termination clause violates the DFSG. > (b) any software, hardware, or device, other than such > Participant's Contributor Version, directly or indirectly > infringes any patent, then any rights granted to You by such > Participant under Sections 2.1(b) and 2.2(b) are revoked > effective as of the date You first made, used, sold, > distributed, or had made, Modifications made by that > Participant. I read this as meaning that a lawsuit claiming any patent infringement by a Participant not related to the software terminates the patentee's license, which seems unreasonable. The relationship of 8.2(a) and 8.2(b) is ambiguous; it seems to only make sense if you assume the appropriate conjunction is "or," but it would be good to get a clarification. Michael Poole
