Richard Fontana suggested:

> So in other words, "this license is Open Source to the extent that, when 
> used, it is accompanied by [a separate appropriate patent license grant]", 
> for example?

 

Richard, that sounds like a great compromise that the government agencies might 
be able to live with. :-)  If I understand correctly, there is already an 
existing government policy that patent rights are granted to all users of the 
software, albeit separately by policy rather than by license.

 

And if I understand correctly, that is already the implied promise in Europe?

 

/Larry

 

-----Original Message-----
From: License-discuss [mailto:license-discuss-boun...@opensource.org] On Behalf 
Of Richard Fontana
Sent: Tuesday, March 7, 2017 1:09 PM
To: license-discuss@opensource.org
Subject: Re: [License-discuss] [Non-DoD Source] patent rights and the OSD

 

On Tue, Mar 07, 2017 at 03:55:37PM +0000, Christopher Sean Morrison wrote:

 

> Of particular significance, it calls into question whether there are 

> any OSI-approved licenses that specifically exclude patent rights in 

> the current portfolio or whether CC0 would be the first of its kind.  

> If there ARE, then CC0 would not create a precedent situation any 

> worse than currently exists and approval could move forward.

 

I'm not aware of any.

 

There is the 'Clear BSD' license, which the FSF considers not only a free 
software license but also GPL-compatible:

 

 <https://directory.fsf.org/wiki/License:ClearBSD> 
https://directory.fsf.org/wiki/License:ClearBSD

 <https://www.gnu.org/licenses/license-list.en.html#clearbsd> 
https://www.gnu.org/licenses/license-list.en.html#clearbsd

 

But I am not aware of this license ever having been submitted for OSI approval.

 

I've also seen one or two companies engage in the practice of licensing code 
under GPLv2 accompanied by a statement that no patent licenses are granted.

 

> If there AREN'T, that begs under non-proliferation for any new licenses that 
> explicitly disclaim patent rights to be found OSD-inadequate, particularly 
> w.r.t. clauses #1 and #7.  Moreover, any license approval for a new license 
> containing a patent disclaimer (e.g., CC0) would necessarily require 
> modification or accompaniment by a required patent grant mechanism (such as 
> ARL's approach) in order to satisfy the OSD.

 

So in other words, "this license is Open Source to the extent that, when used, 
it is accompanied by [a separate appropriate patent license grant]", for 
example?

 

Richard

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