> The problem I have with this clause is that it is impossible > to evaluate its impact in advance. With the GPL's patent > clause you know its scope: the software you license. With the > old AFL/OSL clause, and IMHO also with this new one, you > don't know what your non-assert is going to be. In other > words, you don't know what you are licensing.
The theory behind this clause is that you need to consider carefully before you sue an open source licensor for patent infringement. Such lawsuits will no longer be risk-free. You have the right to sue, of course, but you lose your license to that software if you do. I agree, it is impossible to evaluate its impact in advance. But you must take explicit action to sue before you are subject to having your license terminated. Termination doesn't just happen, you make it happen. /Larry Rosen -- license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3
