On Tue, Jul 7, 2009 at 10:05 AM, Adam Jackson<ajax@xxxxxxxxxx> wrote: [snip] > So, if Frobnitz Inc. distributed Mono, and then filed suit against > Microsoft for infringing one of Frobnitz' patents in the Microsoft C# > implementation, they would lose the right to distribute Mono [1]. [snip] > In other words, it's a MAD agreement. You're not even agreeing that any Sadly most MAD agreements are also uni-lateral disarmament agreements. They are only really mutual when the participants are true peers and otherwise magnify existing power imbalances between the parties. Try this alternative scenario: Over time Frobnitz amasses a large portfolio of patents which it places in trust to help defend its free software business. Frobnitz scrupulously avoids encumbered technoligy without irrevocable free software compatible licenses, but it does rely heavily on technology available under terms like the ones under discussion. Later Microsoft initiates spurious patent litigation against Frobnitz which will ultimately fail but cost frobnitz millions in the process (perhaps as part of an attempted takeover). Normally Frobnitz would use its defensive portfolio to discourage this sort of attack, but unfortunately this option has been eliminated because any patent litigation would result in the revocation of permission for several pieces of technology which it is openly and publicly practicing, depends on for compatibility, etc. If Frobnitz doesn't think the MAD-covered patents are valid or applicable and that it could quickly and cheaply fight them, then it doesn't matter much, but in that case it didn't really need the MAD grant at all. If they are valid then frobnitz would be better off if they retained the flexibility of So to sometimes these 'MAD' terms are just 'AD', nothing much mutual about them. Of course, if you aren't the sort that would keep a patent stockpile for defense, the distinction is moot. But, it's still naive to look at that kind of 'MAD' grant as a cure-all. -greg [speaking for no one but himself] -- fedora-devel-list mailing list fedora-devel-list@xxxxxxxxxx https://www.redhat.com/mailman/listinfo/fedora-devel-list
