For Approval: Broad Institute Public License (BIPL)
Rory Pheiffer
rpp at MIT.EDU
Wed Oct 18 15:04:24 UTC 2006
As an additional resource, you can find the BIPL here:
http://web.mit.edu/afs/athena.mit.edu/user/r/p/rpp/www/. I've also attached
the .txt and .html files.
Regards,
Rory
Rory P. Pheiffer, Esq.
Technology Licensing Associate
Massachusetts Institute of Technology
Technology Licensing Office
Five Cambridge Center, NE25-230
Kendall Square
Cambridge, MA 02142-1493
E-mail: <mailto:rpp at mit.edu> rpp at mit.edu
Telephone: (617) 253-6966
Fax: (617) 258-6790
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From: Karin Rivard [mailto:rivard at MIT.EDU]
Sent: Wednesday, October 18, 2006 10:59 AM
To: license-discuss at opensource.org
Cc: Rory Pheiffer
Subject: Re: For Approval: Broad Institute Public License (BIPL)
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The license granted in this subsection shall be limited and superseded from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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