Apache 2.0 could be tweaked like this to incorporate what Facebook is trying to do. They really should do it - it's an oversight and does not do enough to squash the patent trolls. Facebook is doing the right thing for the industry, even if the wording needs help. Apache Legal might forget what these licenses are for in a misguided quest for purity.
3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent and copyright licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.
This language and concept of preventing or punishing possibly justifiable legal action in a license for an open programming framework is beyond misguided, it's downright dangerous and could set a terrible precedent.
BSD+Patents should have never been created in the first place.
The typical page layout program is nothing more than an electronic
light table for cutting and pasting documents.
Bad Move, Apache (Score:3)
Apache 2.0 could be tweaked like this to incorporate what Facebook is trying to do. They really should do it - it's an oversight and does not do enough to squash the patent trolls. Facebook is doing the right thing for the industry, even if the wording needs help. Apache Legal might forget what these licenses are for in a misguided quest for purity.
3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent and copyright licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.
Re: (Score:1)
This language and concept of preventing or punishing possibly justifiable legal action in a license for an open programming framework is beyond misguided, it's downright dangerous and could set a terrible precedent.
BSD+Patents should have never been created in the first place.