[License-discuss] [License-review] CC0 incompliant with OSD on patents, [was: MXM compared to CC0 ]

Bruce Perens bruce at perens.com
Thu Mar 8 21:06:19 UTC 2012

On 03/08/2012 12:51 PM, Rick Moen wrote:
> the notion that anyone who thinks new licences ought to address patent 
> issues in some way is logically obliged to try to revoke BSD licence's 
> OSI Certified status (or formally deprecate the licence) is absurd, 
> and we could have done without those and similar time-wasting polemics.
And they should stop now, please.
> (3) Irrespective of CC0's merits as a fallback permissive licence, the 
> document's fundamental reason for existing is foolhardy: the 
> delusional belief that creative works can be safely magicked into the 
> public domain despite a worldwide copyright regime, and the equally 
> delusional belief that it's even desirable to try (and thereby, among 
> other problems, have no protection against warranty claims).
Which makes it not tremendously worthy of the continuing effort to get 
it approved, IMO.
> most of us agree that it's useful for newly crafted licences to permit 
> at least implicit patent defences if not explicit patent rights, and 
> that modern licences that address such matters are, all other things 
> being equal, a better idea than ones that don't
DiBona called for it to be explicit in licenses going forward, I agree. 
Let's not ignore how the times have changed and what we have learned 
since starting with Open Source.
> -- but that saying that is miles away from saying BSD should be 
> formally deprecated. 
To be put in whatever hole is reserved for all "if you do this, you must 
also shoot yourself in the foot" arguments.


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