[copyleft-next] copyleft-next patent commons?

Gervase Markham gerv at mozilla.org
Mon Feb 25 13:43:34 UTC 2013


On 22/02/13 19:02, Pamela Chestek wrote:
> The language you propose doesn't have the effect you describe nor do I
> think you can accomplish it at all. Licenses are personal, so "this
> License" would be interpreted as this instance of the copyleft-next
> license for this software (or author's contribution), not all software
> anywhere licensed under copyleft-next.  

A good point.

> In theory you could cure that
> defect with some redrafting, but I'm not sure there's a way to
> accomplish what you'd like with a license. 

Are you sure? A license is permission to use a work given compliance
with some conditions. In this idea, the condition is based upon your
behaviour, the licensee (which seems fine) and it's a condition that you
not file lawsuits about certain subjects. That doesn't seem to be to be
impossible on the face of it.

I would replace "this License" with "the copyleft-next License", in the
same way that it's referred to in the "future versions" clause. That's
the sort of reference we need.

I can't say "if you breach my
> license you don't get to use Bob's work" because there is no privity
> between Bob and me so I have no legal right to dictate what happens to
> Bob's work.

It would be _Bob_ saying "if you breach his license, you don't get to
use my work", because Bob would also be using copyleft-next.

That also doesn't seem impossible. If I license my software to you "as
long as you remain in a business partnership with Fred", and Fred
subsequently dissolves the partnership, and then says "you no longer
have a right to use that software", he's right. Isn't he?

> past that significant drafting hurdle (Richard?), query whether you're
> getting into antitrust problems by creating a group boycott.

It would be a good problem to have if copyleft-next became so pervasive
that antitrust law was a risk! However, a quick look at what a group
boycott is seems to imply that it wouldn't be an issue.

http://en.wikipedia.org/wiki/Group_boycott :
"two or more competitors [nope: two authors of probably
otherwise-unrelated software] in a relevant market refuse to conduct
business with a firm unless the firm agrees to cease doing business
[nope: cease filing lawsuits] with an actual or potential competitor
[nope: against its own suppliers] of the firms conducting the boycott."

I think it's key that the aim here is not to stop the licensee doing
business with anyone, it's to stop them attempting to stop others doing
business!

Gerv



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