Hallam-Baker, Phillip wrote:
The license states that it can be revoked if the licensee if found in
material breach of the terms. Microsoft's lawyers get to
determine that
No they don't, the phrase material breach has a very narrow legal
definition, it means that the licensee has to fail to keep an
undertaking made. Since the only undertaking made is not to sue
microsoft for infringement of a Sender ID patent there is absolutely
no ambiguity here.
I believe that you are referring to section 2.4 of the license:
----snip---
"2.4 Defensive Suspension.
If Microsoft or any of its Affiliates, or You or any of Your Affiliates,
are first sued for patent infringement (“the sued party”) by the other
Party hereto or any of its Affiliates, on account of the manufacture,
use, sale, offer for sale, importation or other disposition or promotion
of the sued party’s Licensed Implementation or Microsoft’s Sender ID
Implementation, as applicable, then the sued party may terminate all
license grants and any other rights provided under this Agreement to
such entity and such entity’s Affiliates. The foregoing shall not apply
if the patent infringement suit that would otherwise trigger such clause
is solely based on the sued party’s Licensed Implementation or
Microsoft’s Sender ID Implementation (as defined in Section 2.3), as
applicable, not complying with the scope of the license grants set forth
in this Agreement. "
----snip---
I was refering to section 3 of the license:
----snip---
"Microsoft may terminate this Agreement (including all license grants)
earlier if You materially breach this Agreement, and You fail to cure
the breach within thirty (30) days after You receive notice of the
breach from Microsoft."
----snip---
Yakov