Re:Show HN: MongoDB Protocol for SQLite
by jkaplowitz on Wednesday July 05, 2023 @06:11AM
(#36598231)
Copyright misuse, as per one of your links, is a defense to an infringement claim that is recognized under certain conditions in part but not all of the US - it does not invalidate the license, it invalidates the licensor’s lawsuit.
But yes, it’s still a mess of a license that creates a lot of legal uncertainty for potential licensees, especially if a particular court decides that the copyright misuse defense doesn’t apply but that unclean hands does apply to the licensee for taking a license without intent to comply (e.g. because of having already concluded that compliance was impracticable or impossible).
Definitely best to avoid the SSPL and software licensed under it.
But yes, it’s still a mess of a license that creates a lot of legal uncertainty for potential licensees, especially if a particular court decides that the copyright misuse defense doesn’t apply but that unclean hands does apply to the licensee for taking a license without intent to comply (e.g. because of having already concluded that compliance was impracticable or impossible).
Definitely best to avoid the SSPL and software licensed under it.