All -- I'm Will Rodger, and I'm director of public policy at the Open Source and Industry Alliance. We're a project of the Computer & Communications Industry Association here in Washington DC.
I have a question for y'all. Paragraph 7 of the GPL talks about patents and their effects on GPL'ed code. Among other things, it says that one should cease distribution if patent litigation becomes an issue: ----------------- "7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program." ----------- That said, what would any of you make of what lawyers call reciprocal non-assertion pacts? That is, would it be a good thing if Company X let anyone use its patented, open-source technology on a royalty-free basis _as long as_ that person or group agreed not to sue Company X for patent infringement? At first blush, this seems a pragmatic approach to the issue of patents. If open source projects do not themselves amass patent portfolios, then non-assertion agreements would seem to hold them harmless from the patent litigators of Company X. Suppose you accepted such an arrangement as an open source developer. 1 -- Would this comport with the GPL and open source licenses generally? 2 -- Would you take such a deal, assuming the contract was properly drafted and you believed Company X was acting in good faith? 3 -- For both questions, if not, why not? thanks, Will Rodger Director Public Policy Open Source and Industry Alliance -- license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3
