Common Public License (IBM) Patent License Clause 2(b)

[Ravicher, Daniel B.]

> Hey Dan,
> I'm actually interested in OSI certification, and the IBM
> License has been OSI certified.  So are you indicating that
> if 2(b) were removed, that the IBM License would have a
> better chance at GPL compatibility?

To be compatible with the GPL, I believe the IBMPL can place no more
requirements on the licensee than the GPL has.  Admittedly I haven't put
enough thought into the IBMPL, but my knee-jerk reaction is that you
shouldn't expect smooth sailing with FSF for a couple of reasons.  First,
the IBMPL has an indemnification requirement under the discussion of
commercial distribution (section 4).  In my practice, indemnification
provisions are just as important as the grant.  I'd also expect push back on
the choice of laws provisions in the IBMPL by FSF.

Just my thoughts.

Dan Ravicher
Brobeck
1633 Broadway, 47th Fl.
NY, NY 10019
p. 212.315.8032
f. 212.586.7878
e. dravicher at brobeck.com
w. www.brobeck.com


 
> Carter
> 
> Carter Bullard
> QoSient, LLC
> 300 E. 56th Street, Suite 18K
> New York, New York  10022
> 
> carter at qosient.com
> Phone +1 212 813-9426
> Fax   +1 212 813-9426
> 
> > -----Original Message-----
> > From: Ravicher, Daniel B. [mailto:DRavicher at brobeck.com]
> > Sent: Thursday, January 25, 2001 5:57 PM
> > To: Carter Bullard; license-discuss at opensource.org
> > Subject: RE: Common Public License (IBM) Patent License Clause 2(b)
> > 
> > 
> > FSF's opinion, stated at 
> > http://www.fsf.org/philosophy/license-list.html is:
> > 
> > "IBM Public License, Version 1.0
> >  
> > This is a free software license but it is incompatible with 
> the GPL. 
> > 
> > The IBM Public License is incompatible with the GPL because 
> > it has various
> > specific requirements that are not in the GPL. 
> > 
> > For example, it requires certain patent licenses be given 
> > that the GPL does
> > not require. (We don't think those patent license requirements are
> > inherently a bad idea, but nonetheless they are incompatible 
> > with the GNU
> > GPL.)"
> > 
> > Dan Ravicher
> > Brobeck
> > 1633 Broadway, 47th Fl.
> > NY, NY 10019
> > p. 212.315.8032
> > f. 212.586.7878
> > e. dravicher at brobeck.com
> > w. www.brobeck.com
> > 
> 

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