Q: Specifically how does the EPL differ from the CPL?A: Section 7 of the CPL contained the following language:
"If Recipient institutes patent litigation against a Contributor with respect to a patent applicable to software (including a cross-claim or counterclaim in a lawsuit), then any patent licenses granted by that Contributor to such Recipient under this Agreement shall terminate as of the date such litigation is filed. In addition, if Recipient institutes patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Program itself (excluding combinations of the Program with other software or hardware) infringes such Recipient’s patent(s), then such Recipient’s rights granted under Section 2(b) shall terminate as of the date such litigation is filed."
The first sentence was removed in the EPL. Many members and prospective members believed that the first sentence was overly broad and viewed it as an inhibitor to the continued growth of the Eclipse eco-system. The second sentence remains unchanged in the EPL.
The current Eclipse Foundation Intellectual Property Policy further clarifies the general principles under which the Eclipse Foundation shall accept contributions, license contributions, license materials owned by the Eclipse Foundation, and manage other intellectual property matters.