[opensource-dev] New TOS - Compulsory patent licensing gone?

Lear Cale lear.cale at gmail.com
Thu Apr 1 09:33:17 PDT 2010


The previous patent clause did not do what you claim it did.

On Thu, Apr 1, 2010 at 11:58 AM, Jonathan Bishop <bishopj at bishopphillips.com
> wrote:

>  > Simon Disk:
>
> > Could be wrong but I read the new ToS as lumping patent rights under
> Intellectual Property Rights and then compelling the user to grant a license
> under IPR (and therefore also patent rights)…
>
>
>
> Yes.  I agree.  That seems to be the case.  S4.1, S7.1, and S7.2, however
> don’t seem to do what the previous patent peace clause did however.   This
> one entitles LL to deal with the IP, but it does not extinguish the right
> for an creator to assert patent rights over content with respect to the
> created content of other creators, so it does not seem to go as far in
> ensuring patent peace as the previous TOS.  In fact by grouping patents with
> copyright and trademarks under IP it looks to me like it might have the
> opposite effect – to actively endorse the establishment and assertion of
> such rights with respect to patents.
>
>
>
> I wonder if this was intended.  There are strong arguments on both sides of
> the view, but given Ginsu Linden’s (Linden Lawyer) previous strong
> pronouncements against patents in software generally and specifically in the
> context of user generated content in SL, a TOS that appears to omit the more
> encompassing patent peace clause is surprising.
>
>
>
> No doubt there is a reason for it, but I can’t see the intrusion of patent
> protection into SL content as beneficial for innovation and advancement of
> the VW concept at this early stage in the game.
>
>
>
>
>
> Regards
>
>
>
> *Jonathan Bishop**
> **Managing Director*
>
> * *
>
>  **
>
> *Bishop Phillips Consulting* | Melbourne, Australia – Vancouver, Canada
> Mobile +61 411.404.483 | Office +61 (3) 9525.7066 | Fax +61 (3) 9525.6080
> bishopj at bishopphillips.com | www.bishopphillips.com**
>
> * *
>
>
>
>
>  ------------------------------
>
> *From:* opensource-dev-bounces at lists.secondlife.com [mailto:
> opensource-dev-bounces at lists.secondlife.com] *On Behalf Of *Simon Disk
> *Sent:* Thursday, 1 April 2010 11:48 PM
> *To:* opensource-dev at lists.secondlife.com
> *Subject:* Re: [opensource-dev] New TOS - Compulsory patent licensing
> gone?
>
>
>
> Could be wrong but I read the new ToS as lumping patent rights under
> Intelectual Property Rights and then compelling the user to grant a license
> under IPR (and therefore also patent rights).
>
>
>
> Under section 4.1 it defines IPR as:
>
>
>
> "Intellectual Property Rights" means copyrights, trademarks, service marks,
> trade dress, publicity rights, database rights, *patent rights*, and other
> intellectual property rights or proprietary rights recognized by law.
>
>
>
> Then under section 7.1:
>
>
>
> You retain any and all *Intellectual Property Rights* you already hold
> under applicable law in Content you upload, publish, and submit to or
> through the Servers, Websites, and other areas of the Service, subject to
> the rights, licenses, and other terms of this Agreement, including any
> underlying rights of other users or Linden Lab in Content that you may use
> or modify.
>
>
>
> Then under 7.2:
>
>
>
> You agree that by uploading, publishing, or submitting any Content to or
> through the Servers, Websites, or other areas of the Service, you hereby
> automatically grant Linden Lab a non-exclusive, worldwide, royalty-free,
> sublicenseable, and transferable license to use, reproduce, distribute,
> prepare derivative works of, display, and perform the Content solely for the
> purposes of providing and promoting the Service.
>
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