Intel's proposed BSD + Patent License

Russell Nelson nelson at crynwr.com
Wed Oct 31 06:07:38 UTC 2001


David Johnson writes:
 > Okay, we can play fun little metaphysical games with the BSD license, but it 
 > ignores an important point: the BSD+Patent License restricts what operating 
 > systems you may use it on.

No it doesn't, for several reasons:

  1) You might live in a jurisdiction where software parents are not recognized.
  2) The software you are using may not be patented.
  3) The patent in question might not be valid.
  4) You might have a license for the patent.
  5) You might be able to negotiate a free license for your operating
     system.

The Patent License does not say that you cannot run the software if
your operating system is not GPL'ed.  It says that you are granted a
license if your operating system is GPL'ed.  That's *all*.  It's
presence does not take anything away from anyone; therefore if the
license is approvable without it, then it is approvable with it.

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