Answers interspersed. /Larry > -----Original Message----- > From: John Cowan [mailto:[EMAIL PROTECTED] > Sent: Wednesday, March 12, 2003 11:20 AM > To: [EMAIL PROTECTED] > Cc: 'Bjorn Reese'; [EMAIL PROTECTED]; [EMAIL PROTECTED] > Subject: Re: Compatibility of the AFL with the GPL > > > Lawrence E. Rosen scripsit: > > > And anyone who has a copy of W+X or W' has two licenses, one from > > Person A (for that part that was W) and one from Person B > (for W+X or > > W'). Person A is not responsible in any respect for W+X or W'. > > The key question: If Person C who has W' sues Person A for > patent infringement, does that void his license to do things with W'?
If C sues A for patent infringement, C can no longer copy, modify or distribute W, or W+X, or W', because his license to do those things with W is terminated. If C sues B for patent infringement, A doesn't care. Unless, of course, B licenses using the Mutual Defense provision, in which case A and B defend each other by terminating both licenses! > If so, and if X is under the GPL, then W' cannot lawfully be > created, because it is a derivative of two works with > contradictory licensing terms. What's contradictory? I agree there is an encumbrance based on the license for W, but it is a contingent encumbrance that becomes effective only when C elects to sue A for patent infringement. Nothing in the GPL prohibits such a contingent termination provision for a component of a GPL-licensed derivative work. In any case, the licensee can read about those contingencies via the license notices in the source code. (In case you were wondering, section 7 of the GPL doesn't apply to this situation.) > If not, I suggest a sentence be added to the AFL saying that > the M.T.P.A. clause is expressly inapplicable to derivative > works unless the work as a whole is licensed under a license > containing the M.T.P.A. (More gracefully worded, preferably.) I don't think the added wording is necessary because the AFL *is* compatible with the GPL. /Larry -- license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3