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From "Noel J. Bergman" <n...@devtech.com>
Subject RE: termination with unrelated trigger considered harmful
Date Fri, 14 Nov 2003 20:03:32 GMT
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

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