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"A. Levy" <ale...@gmail.com> writes:
> [ text/plain ]
> Can you elaborate a little more on those nightmare scenarios? From my (amateur) reading of the EPL, it looks like the patent clauses apply to contributors to the program. In this case, Clojure. Does developing something in Clojure force you to release it under the EPL?
>
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On Mar 19, 2016 10:51 AM, "Sam Halliday" <sam.ha...@gmail.com> wrote:
>
> It's got nothing to do with contributing to Clojure (the Grant of Right
> is standard in all modern free software licences). The problem is the
> patent retaliation clause, which I quote from Section 7 of the
> [EPL](http://www.eclipse.org/legal/epl-v10.html)
>
> "If Recipient institutes patent litigation against any entity
> (including a cross-claim or counterclaim in a lawsuit) alleging that
> the Program itself (excluding combinations of the Program with other
> software or hardware) infringes such Recipient's patent(s), then such
> Recipient's rights granted under Section 2(b) shall terminate as of
> the date such litigation is filed."
>
> In other words, if you ever have a legal dispute with anybady about a
> patent violation in clojure (which somebody else could have contributed
> without your permission), then you lose your right to use clojure. As
> in, turn off your production systems, now.
>
So don't allege that The Program infringes. Allege that the Contribution infringes. Can you tell IANAL? ;) I just have a hard time believing this could not be finessed by a sufficiently devious lawyer.
g
On Mar 19, 2016 5:33 AM, "Sam Halliday" <sam.ha...@gmail.com> wrote:
>
> Thanks Aleksander,
>
> However it's quite the opposite: I'd like to be able to use Clojure in production environments but I cannot because the EPL is an extremely dangerous licence for an IPR-heavy company to use as their language to develop core technology. The patent retaliation clause provides opportunities for competitors to nullify our patents,
I'll probably regret this, but now I'm curious: has this clause ever been tested in the courts? it strikes me as very dubious. a bit like signing away your rights by agreeing to be a slave. not allowed. a license to blackmail, really; there's nothing to stop the Evil version of RH (for example) from dumping tons of patent infringing code into Clojure tomorrow. you can't sue without crippling your business, so you'd have to settle. so from my decidedly non lawyer perspective it would be surprising if this sort of clause would hold up. and I swear to Pete I am not trolling here!
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"A. Levy" <ale...@gmail.com> writes:
> [ text/plain ]
> Can you elaborate a little more on those nightmare scenarios? From my (amateur) reading of the EPL, it looks like the patent clauses apply to contributors to the program. In this case, Clojure. Does developing something in Clojure force you to release it under the EPL?
>
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