Intel's proposed BSD + Patent License

David Johnson david at
Mon Nov 5 07:13:54 UTC 2001

On Sunday 04 November 2001 09:47 pm, Karsten M. Self wrote:

> >  > The patent license creates an explicit class of works under which the
> >  > software is not freely utilizeable.
> >
> > No it doesn't.  The patent *system* creates this class of works.
> Specious.  You could make the same argument of any copyright license.
> Exclusive rights in both cases are retained unless granted...explicitly
> or implicitly.  Question for the lawyers:  does, over the life of a
> patent, failure to seek enforcement, create a circumstance construable
> as an implied license?

Here's a license: "You may freely copy and redistribute this software, and 
modify it for use on operating systems licensed under the GPL version 2.0." 
Is this an Open Source License? In the absence of a copyright it is Open 
Source. In the presence of of a copyright it is not. Notice that it is the 
copyright *system* that makes this closed source, and not the license itself.

David Johnson
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