license with patent grants appropriate for specifications?

[Bob Scheifler]

> As I wrote earlier, the patent licence must extend at least to
> noncompliant Open Source derivatives of an original compliant
> implementation.  Otherwise the software is not Open Source because the
> community is not free to make and distribute modified versions.

I'm not in a position of authority to either agree or disagree
about open source requirements, so I won't try. I will however,
dare to say that it isn't patently ;-) obvious to me that the
patent provisions in all existing OSI-certified licenses extend
to derivative works. Which isn't to claim that they do or don't,
merely that it isn't crystal clear to me. I refer, just for
example, to the Common Public License (clause 2.b), and the
Apache License, Version 2.0 (clause 3).

- Bob