[License-discuss] License Stewards

[Ben Tilly]

On Thu, Oct 4, 2012 at 5:35 PM, Rick Moen <rick at linuxmafia.com> wrote:
> Quoting Ben Tilly (btilly at gmail.com):
>
>> This makes me wonder whether clever license terms would be patentable
>> under US law.
>
> So, Ben:  What did you determine when you measured that notion against,
> say...
>
> https://en.wikipedia.org/wiki/Patentable_subject_matter#United_States
>
> ?

There is logic, and then there is the trend of the United States Court
of Appeals for the Federal Circuit setting precedents making virtually
anything and everything patentable subject matter.

Your phrase "a software licence consists solely of functional
elements" just triggered cynicism on my part that the CAFC could take
that idea as a basis to try and expand patents.  Yet again.