Mutual Termination for Patent Action on webmin

[Mamoru Tasaka]

Hello.

I am trying to look at webmin review request (bug 468570)
because this is the second package the reporter (and my sponsornee)
submitted. Then:

webmin 1.430 has "PATENTS" file which contains:
--------------------------------------------------------------------
Mutual Termination for Patent Action. The License for the use of Webmin shall
terminate automatically and You may no longer exercise any of the rights granted
to You by this License if:

1. You file a lawsuit in any court alleging that any software that is licensed
under this license infringes any patent claims that are essential to use
that software.

2. You file a lawsuit in any court alleging that any OSI Certified open source
software that is licensed under any license containing a "Mutual Termination
for Patent Action" clause infringes any patent claims that are essential to use 
that software.
--------------------------------------------------------------------

Can we treat this as one of the "licenses"? If so, I would appreciate it
if this "license" is named if this is free and want to know if this is
compatible with GPLv3 (perhaps this is not compatible with GPLv2). 

I guess this is very similar with what ASL 2.0 section 3 wants to say.
Also it seems that the section 2 of this "license" is the same as
the section 9 of OSI 1.0.

Note: for the review request itself, I would appreciate anyone's help. 

Regards,
Mamoru

[Tom Callaway]

On Sat, 2008-11-08 at 00:31 +0900, Mamoru Tasaka wrote:
>  Hello.
>  
>  I am trying to look at webmin review request (bug 468570)
>  because this is the second package the reporter (and my sponsornee)
>  submitted. Then:
>  
>  webmin 1.430 has "PATENTS" file which contains:
>  --------------------------------------------------------------------
>  Mutual Termination for Patent Action. The License for the use of Webmin shall
>  terminate automatically and You may no longer exercise any of the rights granted
>  to You by this License if:
>  
>  1. You file a lawsuit in any court alleging that any software that is licensed
>  under this license infringes any patent claims that are essential to use
>  that software.
>  
>  2. You file a lawsuit in any court alleging that any OSI Certified open source
>  software that is licensed under any license containing a "Mutual Termination
>  for Patent Action" clause infringes any patent claims that are essential to use 
>  that software.
>  --------------------------------------------------------------------
>  
>  Can we treat this as one of the "licenses"? If so, I would appreciate it
>  if this "license" is named if this is free and want to know if this is
>  compatible with GPLv3 (perhaps this is not compatible with GPLv2).  
This is not a separate license, rather, it is an additional clause for
the webmin license (which is otherwise BSD). This additional clause
makes the webmin license GPLv2 and GPLv3 incompatible.

Since webmin is a web application, there should not be any real concern
as a result of this incompatibility (aside from code copying), but I
will need to add a new entry to the Licensing table for webmin. Use:
 
License: Webmin

~spot

[Mamoru Tasaka]

Tom "spot" Callaway wrote, at 11/13/2008 01:49 AM +9:00:
>  On Sat, 2008-11-08 at 00:31 +0900, Mamoru Tasaka wrote:
> > Hello.
> >
> > I am trying to look at webmin review request (bug 468570)
> > because this is the second package the reporter (and my sponsornee)
> > submitted. Then:
> >
> > webmin 1.430 has "PATENTS" file which contains: 
<snip>
>  This is not a separate license, rather, it is an additional clause
> for
>  the webmin license (which is otherwise BSD). This additional clause
>  makes the webmin license GPLv2 and GPLv3 incompatible.
>  
>  Since webmin is a web application, there should not be any real concern
>  as a result of this incompatibility (aside from code copying), but I
>  will need to add a new entry to the Licensing table for webmin. Use:
>   
>  License: Webmin
>  
>  ~spot 
Thank you.

Mamoru