Comments on: Common Development and Distribution License 1.0 https://opensource.org/license/cddl-1-0 The steward of the Open Source Definition, setting the foundation for the Open Source Software ecosystem. Tue, 27 Jun 2023 13:00:42 +0000 hourly 1 By: Gerrit DeWitt https://opensource.org/license/cddl-1-0#comment-255 Mon, 27 Apr 2009 17:03:19 +0000 https://opensource.org/cddl1-php/#comment-255 Wording For Sections 2.1b and 2.2b
Using 2.1b as an example:

“under Patent Claims infringed by the making, using, or selling of Original Software, to …”

Consider changing the text to this (CHANGES CAPITALIZED) to clarify its intent:

“under Patent Claims THAT WOULD, IN THE ABSENCE OR NON-ACCEPTANCE OF THIS LICENSE, BE INFRINGED by the making, using, or selling of Original Software, to …”

To infringe literally means “to break into” or “to break in.” Frangere means “to break.” The message this license conveys grants a party who accepts it the patent claims. Specifically which patent claims does it grant? Well, those that would otherwise be infringed if this license didn’t exist or was not accepted by the party. So the definition of “infringement” breaks down when the license is accepted, because the license specifically allows the party to exercise the claims!

–Gerrit

]]>