Editing Open Software License (section)

==Key features==

===Patent action termination clause===
The OSL has a termination clause intended to dissuade users from filing patent infringement lawsuits:
{{blockquote |text=10) ''Termination for Patent Action.'' This License shall terminate automatically and You may no longer exercise any of the rights granted to You by this License as of the date You commence an action, including a cross-claim or counterclaim, against Licensor or any licensee alleging that the Original Work infringes a patent. This termination provision shall not apply for an action alleging patent infringement by combinations of the Original Work with other software or hardware.<ref name="Open Source Initiative">{{cite web |title=The Open Software License 3.0 (OSL-3.0) |publisher= Open Source Initiative |url=https://opensource.org/licenses/OSL-3.0 |website=opensource.org |date= October 31, 2006 |access-date=21 April 2021}}  [[File:CC-BY icon.svg|50px]]  Text was copied from this source, which is available under a [https://creativecommons.org/licenses/by/4.0/  Creative Commons Attribution 4.0 International License].</ref>}}

===Warranty of provenance===
Another goal of the OSL is to warrant provenance.<ref>{{cite web|url=http://www.linuxelectrons.com/article.php/2004090214423940 |archive-url=https://web.archive.org/web/20051031114319/http://www.linuxelectrons.com/article.php/2004090214423940 |archive-date=2005-10-31 |title=LinuxElectrons - Apache Software Foundation Position Regarding Sender ID |publisher=Linuxelectrons.com |date=2005-10-31 |access-date=2012-10-15}}</ref>
{{blockquote |text=7) ''Warranty of Provenance and Disclaimer of Warranty.'' Licensor warrants that the copyright in and to the Original Work and the patent rights granted herein by Licensor are owned by the Licensor or are sublicensed to You under the terms of this License with the permission of the contributor(s) of those copyrights and patent rights.<ref name="Open Source Initiative"/>}}

===Network deployment is distribution===
OSL explicitly states that its provisions cover derivative works even when they are distributed only through online applications:
{{blockquote |text=5) ''External Deployment.'' The term "External Deployment" means the use, distribution, or communication of the Original Work or Derivative Works in any way such that the Original Work or Derivative Works may be used by anyone other than You, whether those works are distributed or communicated to those persons or made available as an application intended for use over a network. As an express condition for the grants of license hereunder, You must treat any External Deployment by You of the Original Work or a Derivative Work as a distribution under section 1(c).<ref name="Open Source Initiative"/>}}

===Linking does not create a derivative work===
OSL in section 1(a) authorizes licensees to reproduce covered software "as part of a collective work," as distinct from the Original Work or a Derivative Work.  In section 1(c), only Derivate Works or copies of the Original Work are made subject to the license, not collective works. Derivative Work is defined in section 1(b) as being created when the licensee exercise their ability "to translate, adapt, alter, transform, modify, or arrange the Original Work."<ref name="Open Source Initiative"/>

Rosen has written:<ref>{{cite web|url=https://rosenlaw.com/OSL3.0-explained.htm#_Toc187293087 |title=OSL 3.0 Explained |publisher=rosenlaw.com  |access-date=2022-01-24}}</ref>
{{blockquote|The verbs used in § 1(b) ["translate, adapt, alter, transform, modify, or arrange"] reflect the kinds of activities that we generally do to create derivative literary or other expressive works, and those things—not functional linking—create Derivative Works as defined in this license. As a result, linking an unchanged Original Work with another independently-written work does not, absent more, create a Derivative Work subject to § 1(b); such an act is merely the incorporation of a copy of that Original Work into a collective work, authorized by § 1(a). }}