For Approval: Broad Institute Public License (BIPL)

[Karin Rivard]

Dear BIPL Discussion Group,
In mid-July we had a fairly extensive discussion as to why the 
submitted BIPL license failed the OSI criteria.  We focused on the 
lack of a patent license from the original creator of the software, 
namely MIT.  Everyone was very helpful in suggesting language within 
the context of MIT's concerns.  We have discussed the matter here and 
I want to suggest a form of patent grant that MIT is comfortable 
with.  If this language would be acceptable to OSI (or at least the 
concept), then MIT can go through its own procedure for approval of a 
grant of this scope.  I appreciate in advance your comments on this 
language.  This language would replace the current 2.1 in the 
attached license agreement.
"2.1   Subject to third party intellectual property claims, the 
Initial Developer hereby grants You, as of the Effective Date, a 
world-wide, royalty-free, non-exclusive license:
(a) under intellectual property rights (other than patent or 
trademark) Licensable by Initial Developer, to run, reproduce, 
modify, display, perform, sublicense, and distribute the Original 
Code (or portions thereof) with or without Modifications, and/or as 
part of a Larger Work; and
(b) under Patent Claims Licensable by Initial Developer that are 
infringed by the exercise of the license granted under Section 
2.1(a), and solely to the extent necessary to exercise the license 
granted under Section 2.1(a), to make, use, sell, offer for sale, or 
import the Original Code (or portions thereof) with or without 
Modifications, and/or as part of a Larger Work.  The license granted 
in this subsection shall be limited and superseded from time to time 
by any exclusive licenses in such Patent Claims granted by Initial 
Developer to third parties after the date of this license grant to 
You.  Notwithstanding the foregoing, Initial Contributor shall not 
exclusively license the Patent Claims for the express purpose of 
pursuing Contributors to, distributors of, or users of the Covered Code."
Thank you.
--Karin

__________________________________________________
Karin K. Rivard, Asst. Director and Counsel
MIT Technology Licensing Office, Room NE25-230
Five Cambridge Center, Kendall Square
Cambridge, MA 02142
Phone:  (617) 253-6966; Fax: (617) 258-6790
Email:  rivard at mit.edu
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