Intel's proposed BSD + Patent License

[Russell Nelson]

John Cowan writes:
 > Stamnes, Michelle wrote:
 > 
 > > Yes, you can use this software with FreeBSD. FreeBSD is subject to the BSD
 > > license, so you have no patent license for the original code.
 > 
 > I'm sorry, but this seems to be a contradiction in terms.  If there is
 > an Intel patent on the art of which this software is an expression, then
 > *using* the software with FreeBSD is precisely what we cannot do
 > without becoming scofflaws.

If you're using FreeBSD, then your rights under the BSD+Patent License 
are exactly the same as if the code was BSD licensed.  How is this not 
open source?

 > actual *distribution* of the OS under the GPL.

s/BSD/GPL/, burn a CD, and send it to me.  You are now using a
GPL-licensed OS.  But that's besides the point, really.  The point is
whether a license which is open source can become not so if a patent
license is included with it.

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