yes, so you're saying MIT/BSD licenses should be considered at risk of lawsuits for patent infringement (presumably from the same copyright holder that released the code in the first place)? If that were a realistic threat, most F/OSS projects should shut down tomorrow.
The patent-protection clauses of the CDDL are at odds with the spirit and practice of open licenses anyway, since they are voided as soon as the relevant code is modified.
So basically, the cddl ships clauses that are pointless and likely to be disregarded in practice and in court. Losing them would make no difference whatsoever.
Again, BSD/MIT is the same as GPL in that aspect. It’s not a problem for the open source projects themselves, as there’s no point in suing them. It can be a problem for high profile downstream users.
The CDDL clauses are not voided when the code is modified. Where did you get that idea? What you are saying is plain fantasy.
The patent-protection clauses of the CDDL are at odds with the spirit and practice of open licenses anyway, since they are voided as soon as the relevant code is modified.
So basically, the cddl ships clauses that are pointless and likely to be disregarded in practice and in court. Losing them would make no difference whatsoever.