On 22/02/13 19:02, Pamela Chestek wrote:
The language you propose doesn't have the effect you describe nor
do I
think you can accomplish it at all. Licenses are personal, so "this
License" would be interpreted as this instance of the copyleft-next
license for this software (or author's contribution), not all software
anywhere licensed under copyleft-next.
A good point.
In theory you could cure that
defect with some redrafting, but I'm not sure there's a way to
accomplish what you'd like with a license.
Are you sure? A license is permission to use a work given compliance
with some conditions. In this idea, the condition is based upon your
behaviour, the licensee (which seems fine) and it's a condition that you
not file lawsuits about certain subjects. That doesn't seem to be to be
impossible on the face of it.
I would replace "this License" with "the copyleft-next License", in
the
same way that it's referred to in the "future versions" clause. That's
the sort of reference we need.
I can't say "if you breach my
license you don't get to use Bob's work" because there
is no privity
between Bob and me so I have no legal right to dictate what happens to
Bob's work.
It would be _Bob_ saying "if you breach his license, you don't get to
use my work", because Bob would also be using copyleft-next.
That also doesn't seem impossible. If I license my software to you "as
long as you remain in a business partnership with Fred", and Fred
subsequently dissolves the partnership, and then says "you no longer
have a right to use that software", he's right. Isn't he?
past that significant drafting hurdle (Richard?), query whether
you're
getting into antitrust problems by creating a group boycott.
It would be a good problem to have if copyleft-next became so pervasive
that antitrust law was a risk! However, a quick look at what a group
boycott is seems to imply that it wouldn't be an issue.
http://en.wikipedia.org/wiki/Group_boycott :
"two or more competitors [nope: two authors of probably
otherwise-unrelated software] in a relevant market refuse to conduct
business with a firm unless the firm agrees to cease doing business
[nope: cease filing lawsuits] with an actual or potential competitor
[nope: against its own suppliers] of the firms conducting the boycott."
I think it's key that the aim here is not to stop the licensee doing
business with anyone, it's to stop them attempting to stop others doing
business!
Gerv