license with patent grants appropriate for specifications?

[Russell Nelson]

Bob Scheifler writes:
 > The license might conform, but the software might not.

Sure!  You can distribute binary-only software under the terms of the
BSD license.  It's not Open Source and it's not OSI-Certified even
though you're using an open source license.

You can also distribute patented software under a conforming license.
Only people in a free country will be able to use it, so it won't be
Open Source.

 > Can a given software instance be open source at one instant and
 > cease to be in the next instant, when a 1st or 3rd party patent
 > license becomes known?

Not in a free country.  Only in the USA.

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