Mahesh T. Pai wrote:
Jennifer Machovec said on Wed, Nov 12, 2003 at 03:59:08PM -0500,:
> 5. Reciprocity. <snip> alleging that *a Contribution and/or* the
> Work itself, *without modification (other than modifications that are
> Contribution(s)), ... <snip>
Bit round about.
Why not:-
"... alleging that a the work, any contribution, any derivative of this
work which is licensed under these terms, or any part of these ...."
(constitutes direct or contributory ...etc )
Because the term "Contribution" means the original work of authorship
and any additions or modifications that have been submitted to the
Licensor for inclusion in the Work, the parenthetical was intended to
clarify that those contributed modifications to the Work (and those
only) are within the scope of the defensive termination. Extending this
clause to subsequent derivative works of the Work or a Contribution
(_e.g._, modifications that a third party made on its own without
submitting them to the licensor) would make the effect of this grant
termination overly broad.