launchd for Linux

[Eric Dunbar]

On 5/7/05, Matthew Garrett <mjg59 at srcf.ucam.org> wrote:
> On Sat, 2005-05-07 at 12:47 -0400, Eric Dunbar wrote:
> 
> > I'm not sure how I feel about that. One of the biggest problems in the
> > software world is the abuse of patents. This is a pretty good way of
> > putting the "kaibosh" (however you spell it) on IP patents, which are
> > not a good idea to begin.
> 
> If it limited itself to patents that covered the licensed software, I
> don't think anyone would be likely to have a problem with it. However,
> it also covers "real-world" patents. I don't think there's any strong
> feeling that they're intrinsically wrong.

I imagine that's something that Apple will have to address in APSL 2.1
;-). It seems a tad draconian, to say the least.

However, there's an interesting side to the problem. It seems the
termination of the licence ONLY applies to the entity initiating legal
action against Apple. Any code that has been distributed to others is
protected. When you look at it from this point of view it is not
unreasonable at all. Why should someone who's taking action against
you be able to benefit from your work (regardless of whether or not
you are in the right)?

But, yes, APSL 2.0 should explicitly limit the scope of the patent
restriction to software patents.

As for the exact text, here it is FYI:
12. Termination.

12.1 Termination. This License and the rights granted hereunder will terminate:

(a) automatically without notice from Apple if You fail to comply with
any term(s) of this License and fail to cure such breach within 30
days of becoming aware of such breach;

(b) immediately in the event of the circumstances described in Section
13.5(b); or

(c) automatically without notice from Apple if You, at any time during
the term of this License, commence an action for patent infringement
against Apple; provided that Apple did not first commence an action
for patent infringement against You in that instance.

12.2 Effect of Termination. Upon termination, You agree to immediately
stop any further use, reproduction, modification, sublicensing and
distribution of the Covered Code. All sublicenses to the Covered Code
which have been properly granted prior to termination shall survive
any termination of this License. Provisions which, by their nature,
should remain in effect beyond the termination of this License shall
survive, including but not limited to Sections 3, 5, 8, 9, 10, 11,
12.2 and 13. No party will be liable to any other for compensation,
indemnity or damages of any sort solely as a result of terminating
this License in accordance with its terms, and termination of this
License will be without prejudice to any other right or remedy of any
party.