I guess the point is in this hypothetical world patents are useless because suing would trigger the destruction and this is good because the community can freely share and use the best designs.
However, in such a world I don't think the courts would approve of this 'hack' and kill the enforceability of these clauses precisely because they render patents useless.
> However, in such a world I don't think the courts would approve of this 'hack' and kill the enforceability of these clauses precisely because they render patents useless.
I believe that contracts that terminate if you sue the other party are fairly standard, and in court these licenses would be considered fairly similar to those contracts.
I don't really know what a court would say, but if I sign a contract that says "I will not sue X for any patent infringement under the condition they don't sue me for patent infringement" I would be surprised if a court found that contract unenforceable. The right to file a patent suit is not a fundamental human right after all, why would signing it away not be possible?
But what prevents everyone from becoming patent infringers in this scenario?