Intel's proposed BSD + Patent License

Tue Oct 30 17:28:09 UTC 2001

Is there anyone have samples of license including patent issues ? I am
working on such problems for a consortium which will develop and distribute
free software. The limitation of the patent license for any use of the
software only on GPL licensed OS is very interesting, I think and can help
patent owners to use opensource software. In fact, because of the exhaustion
of IP rights, it is very dangerous to grant any right on a software because
it may risk to imply a license of the patents covering this software. So it
is very important to limit the scope of such license. what do you think
about such limitations ? 

with thanks and regards, 
-----------------------------
Yann Dietrich 
IP/Licensing Legal Counsel 
France Telecom R&D / VAT 
member of the editorial board of http://www.juriscom.net 
homepage : http://www.chez.com/ydietrich

> -----Message d'origine-----
> De : Russell Nelson [mailto:nelson at crynwr.com]
> Envoye : mardi 30 octobre 2001 17:40
> A : license-discuss at opensource.org
> Cc : Kolb, Doug; Stamnes, Michelle; Simon, David
> Objet : Intel's proposed BSD + Patent License
> 
> 
> [  Please review this license.  If you do so promptly enough, we may
> be able to include it in tomorrow's board meeting.  -russ  ]
> 
> 
> After reviewing the following license with key open source 
> developers, Intel
> is submitting a new license called the "BSD + Patent 
> License".  This is a
> combination of the BSD license (the post July 22, 1999 
> version without the
> "advertising" clause), with patent license language derived 
> from the Common
> Public License ("CPL").
> 
> Contributors to Linux or other GPL works may provide their 
> independently
> created code under the BSD license (see the FSF's web site at
> http://www.fsf.org/licenses/license-list.html#ModifiedBSD). To address
> concerns that users of Intel's contributions under the BSD 
> license risked
> patent infringement claims from Intel, this license 
> submission expressly
> includes patent licensing language.
> 
> Intel modified the BSD license in the following ways:
> 
> 1. Intel made OPTIONAL the inclusion of a copyright notice (i.e.,
> "Redistributions of source code of the Software may retain the above
> copyright notice, this list of conditions and the following 
> disclaimer").
> 
> 2. Intel added certain definitions derived from the patent 
> license in the
> Common Public License, and added a license grant under 
> certain Intel patents
> to distribute Intel software contributions, alone or as 
> incorporated in any
> operating system licensed under the GPL (version 2.0 or later).  
> 
> Please post the license to the "license-discuss" list under my name on
> behalf of Intel Corporation. Thank you for your consideration.
> 
> Regards,
> 
> Michelle V. Stamnes
> Intel Corporation
> 
> ----
> 
> 
> The Intel BSD + Patent License
> 
> 
> Recipient has requested a license and Intel Corporation ("Intel") is
> willing to grant a license for the software entitled _____________
> (the "Software") being provided by Intel Corporation.
> 
> The following definitions apply to this License:
> 
> "Licensed Patents" means patent claims licensable by Intel Corporation
> which are necessarily infringed by the use or sale of the Software
> alone or when combined with the operating system referred to below.
> "Recipient" means the party to whom Intel delivers this Software.
> "Licensee" means Recipient and those third parties that receive a
> license to any operating system available under the GNU Public License
> version 2.0 or later.
> 
> Copyright (c) 1996-2001 Intel Corporation All rights reserved.
> 
> The license is provided to Recipient and Recipient's Licensees under
> the following terms.
> 
> Redistribution and use in source and binary forms of the Software,
> with or without modification, are permitted provided that the
> following conditions are met:
> 
> Redistributions of source code of the Software may retain the above
> copyright notice, this list of conditions and the following
> disclaimer.  Redistributions in binary form of the Software may
> reproduce the above copyright notice, this list of conditions and the
> following disclaimer in the documentation and/or other materials
> provided with the distribution.  Neither the name of Intel Corporation
> nor the names of its contributors shall be used to endorse or promote
> products derived from this Software without specific prior written
> permission.
> 
> Intel hereby grants Recipient and Licensees a non-exclusive,
> worldwide, royalty-free patent license under Licensed Patents to make,
> use, sell, offer to sell, import and otherwise transfer the Software,
> if any, in source code and object code form. This license shall
> include changes to the Software that are error corrections or other
> minor changes to the Software that do not add functionality or
> features when the Software is incorporated in any version of a
> operating system that has been distributed under the GNU General
> Public License 2.0 or later.  This patent license shall apply to the
> combination of the Software and any operating system licensed under
> the GNU Public License version 2.0 or later if, at the time Intel
> provides the Software to Recipient, such addition of the Software to
> the then publicly available versions of such operating system
> available under the GNU Public License version 2.0 or later (whether
> in gold, beta or alpha form) causes such combination to be covered by
> the Licensed Patents. The patent license shall not apply to any other
> combinations which include the Software. No hardware per se is
> licensed hereunder.
>  
> THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
> "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
> LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
> A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL INTEL OR ITS
> CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
> EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
> PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
> PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
> LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
> NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
> SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
> 
> -- 
> -russ nelson <sig at russnelson.com>  http://russnelson.com
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