On Sun, 19 Sep 2004 20:10:07 +0200, Wouter Verhelst wrote: > On Sun, Sep 19, 2004 at 03:27:58PM +0100, Andrew Suffield wrote: >> Company A releases a piece of software that includes this clause in >> its license. >> >> Company B releases a modified version of this software, that includes >> an extra feature. >> >> Company A has no interest or use in the piece of software created by >> company B; furthermore it desires to eliminate this version. >> >> Company A sues company B alleging that the extra feature in the >> modified version infringes some of its patents. > > I'd be inclined to say that a piece of software which is > patent-encumbered *by the author* is seriously non-free. Especially, but > not only, if the patent holder starts sueing people over it. > > Therefore, your scenario is invalid. Have another one?
The scenario description does not say that the software released by company A is patent-encumbered. It says that the software released by company B is the target of allegations of patent infringement by company A. The important part is that company B has no freedom to sue A for patent infringement while continuing to use software published by company A upon which it may have come to rely. -- Thomas Hood