Jennifer,
> If You institute patent litigation against any entity (including a
> cross-claim or counterclaim in a lawsuit) alleging that a
> Contribution and/or the Work, without modification (other than
> modifications that are Contribution(s)), constitutes direct or
> contributory patent infringement, then any patent licenses granted
> to You under this License for that Contribution or such Work shall
> terminate as of the date such litigation is filed.
It seems to me that there are (at least) two situations:
1) COMPANY uses SOFTWARE and HAS PATENT. COMPANY
has not contributed any code that involves
PATENT. Some other PARTY contributes CODE that
infringes on PATENT, and so COMPANY sues PARTY
for patent infringement.
2) COMPANY uses SOFTWARE and HAS PATENT. COMPANY
contributes CODE that involves PATENT, and
subsequently sues based upon CODE.
What is intended to be covered by the clause?
--- Noel
