On Sun, Sep 19, 2004 at 11:09:07PM +0100, Matthew Garrett wrote: > Thomas Hood <[EMAIL PROTECTED]> wrote: > > > The important part is that company B has no freedom to sue A for patent > > infringement while continuing to use software published by company A upon > > which it may have come to rely. > > Why do we consider that freedom important?
Hm. As long as it's related to software, you're right.
When it transcends into other domains, though, I understand the point
being made. Unlike in the software business, there are some domains
(such as pharmaceutics) where patents really are crucial to innovation
(at least I can't think of anyone willing to go through the required
procedures to bring a new drug to the market without at least /some/
assurance that nobody else will benefit off of his investments).
Indeed, patent defense clauses should be limited to patents related to
the software the license is all about; but that should not mean all
patent defense clauses are evil.
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