Originally posted by: drag
The BSD license would allow something like that. The developers, having been informed of infringement, would find a way around it. OpenBSD developers seem to be interested in avoiding patent issues (and remaining free, unlike the peeks we've had of the GPL3). CARP is a perfect example.
You have a VERY ideolized veiwpoint on your liability to patents. Right now I can garrentee you that the BSD operating systems are violating dozens, if not hundreds of patents.
It is impossible for a software developer to make software that is not liable to software patents.
Becuase you do not know a patent exists does not provide legal protection.
Because you try to avoid patents and do patent searches doesn't not provide legal protection.
because even if you rewrite your software as soon as you find out your violating a patent, it does not provide legal protection.
If bsd code is found to be violating a patent and a judge orders a injuction against distributing, say, OpenBSD until the software is rewritten AND/OR the OpenBSD developers pay the patent holder licensing costs for the time period that they have been found violating that patent and I am using BSD code in my own software, I now have to rewrite my own software AND probably pay licensing costs for using OpenBSD code.
That's right. You are liable NOW for licensing costs for using OpenBSD. It's that nice?
You say that Sun's license would violate your "intellectual property rights". Well the term "intellectual property rights" is a misnomer. There is no such thing.
You have Trademarks. You have copyrights. You have patents.
3 completely different things, for implimented in 3 different ways for 3 different purposes.
What you are realy saying is that Sun licenses violates your rights to sue people for usng CDDL software AND continue to enjoy using Sun software. That's it. There is no violation of "intellectual property rights" because there is
no such thing in the first place. You have no right to a idea any more then I have a right to a ray of sunshine. Patents provide a temporary monopoly, a temporary governmental-enforced privilage to take people to court to violate their rights in order to seek your own financial gain.
Now this can be a GOOD thing for a veriaty of reasons. Namely:
1. It fosters a economic incentive and reward system for being creative.
2. eliminates the desire for "trade secrets" because you have to publish the details of your idea into the public domain.
However, unfortunately, software patents accomplish neither and actually do the oppisite. They create a economic disincentive to be creative and encourage people to horde "trade secrets" in order to avoid being sued.
This is because a developer CANNOT avoid violating patents. You can reduce this chance by hiring lawyers and continiously doing patent searches on ever line of code that you rights, but that won't solve all your problems. Rewriting software will not absolve you of licensing costs or liability. Writing software to specificly avoid one patent will not protect you from another patent, or from violating the patent your trying to avoid by writing something that is completely different. Rewriting software to avoid violating patents will not absolve your users of liability either. It will not protect other developers that use your code either.
If a court awards a injunction against OpenBSD distributing their code, that also can apply to Microsoft's Unix compatably stuff too since it uses OpenBSD code. If openBSD has to rewrite part of their software, then MS would have to do the same if they are using that peice of software from OpenBSD.
What this Sun license does is a LIBERATION, not a restriction. It grants MORE rights to the user then what is possible from the BSD license.
With the CDDL and BSD license I am still liable to be sued by patent holder if I use BSD code or CDDL code. However with CDDL I at least am able to sue them back if they use my own software that I have written. Can't do that with the BSD.