Henning Makholm <[EMAIL PROTECTED]>: > > http://crystal.win.tue.nl/license/rpl.html > > Clause 8.2(b) seems to be a showstopper: > > | 8.2. If You initiate litigation by asserting a patent infringement > | claim (excluding declaratory 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: > > | (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. > > which apparently says that if I have *any patent at all* (especially > if unrelated to the program) I must give the software authors free > access to my patent in return for using, distributing &c. their > program. > > I would consider that "discriminating against a field of endeavor" - > namely the field that consists of making genuinely relevant and > legitimate technical innovations and collect money from patent > licenses.
I think the purpose of the clause is not to punish patenteers but to protect the authors. You might argue that the clause has gone too far and become disciminatory, but I think I could just about accept it as justifiable self-protection rather than "discriminating against" patenteers. I agree that the clause would be problematic for some potential authors and users, but I can't really agree with the idea that a person who tries to protect themselves against a certain kind of legal attack is guilty of discrimination. Like, if I said that someone who murders somebody loses the right to use my software, that would be discrimination (against murderers), but if I said that someone who murders me loses the right to use my software, that would be (a paranoid and futile attempt at) self-protection. Or would you call that discrimination, too? Edmund
