Brian Thomas Sniffen wrote: > Matthew Garrett <[EMAIL PROTECTED]> writes: >>Nathanael Nerode <[EMAIL PROTECTED]> wrote: >>>However, 8.2b terminates rights when you sue a Participant alleging that >>>*anything* infringes any patent. >>> >>>As far as I know, *nobody* thinks that is OK. For instance, it could be >>>over >>>Participant's use of your patent for extracting aluminum from ore. >> >>It terminates a right we don't require in the first place. If the patent >>is actively enforced, we potentially have problems - if it isn't, why is >>it more of a problem than a license which didn't grant those permissions >>in the first place? > > Thus is not just about software patents. If I have invented a new > Wheel, and microsoft rips me off and begins producing my Wheel, I > would like to sue them to get them to stop. If they're a Participant > here, I can't do so! At least, if I do sue them, I lose my copyright > license to this software.
Actually, no, you don't. 8.2a says that if you sue a Participant saying *the software* infringes a patent, you lose the entire license. 8.2b says that if you sue a Participant over *any patent*, you lose *only their patent license for the software*. Hence Matthew's statement that "It terminates a right we don't require in the first place.". - Josh Triplett
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