[Fedora-legal-list] 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