First Post / Question Regarding CPOL 1.02

John Cowan cowan at
Tue Oct 6 18:16:54 UTC 2009

Matthew Flaschen scripsit:

> But surely Charlie cannot countersue Bob under many OSI licenses.  CPL
> says "no assurances are provided by any Contributor that the Program
> does not infringe the patent or other intellectual property rights of
> any other entity."  Of course, whether a particular court would uphold
> this is a different issue.

Ouch.  That "or other" is really the sting in the tail; I wish someone had
caught that when we were considering the CPL.  Patent infringement is a matter
of strict liability, and anybody's code *might* infringe anybody else's patent;
but copyright infringement, though equally strict in law, is very unlikely to
happen involuntarily, no matter what George Harrison said.

Principles.  You can't say A is         John Cowan <cowan at>
made of B or vice versa.  All mass
is interaction.  --Richard Feynman

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