Subject: Re: Proposed new OSD item - patent termination
From: Arnoud Engelfriet <>
Date: Sun, 10 Apr 2005 12:57:10 +0200

Bruce Perens wrote:
> Arnoud Engelfriet wrote:
> >But I do not think it's reasonable to ask for a consideration in a totally 
> >unrelated area.
> >
> Can you write a good definition of "unrelated area" that protects Open 
> Source?

How about "anything unrelated to the licensed software".

In other words, you can ask for free grantbacks regarding the
software you distribute (and derivatives thereof) but not for
grantbacks regarding other software that's aggregated with it
or for e.g. patents that aren't infringed by the licensed software.

OSD #9 in my view already contains this definition with regards
to copyright. You can't ask for free copyright licenses under
software aggregated with your work. So this could be extended
to patents.


Arnoud Engelfriet, Dutch patent attorney - Speaking only for myself
Patents, copyright and IPR explained for techies: