[License-discuss] [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

[Rick Moen]

Quoting Richard Fontana (fontana at opensource.org):

> On Thu, Aug 18, 2016 at 08:55:54PM +0000, Tzeng, Nigel H. wrote:
> > If the USG is using CC0 for their new OSS initiative
> > is this something that should be revisited?
> 
> Yes, I think so. 
> 
> > Of course, you know I¹m of the opinion that is the OSI states a
> > license is open source if it passes the OSD then we should either
> > amend the OSD to require explicit patent grants moving forward or
> > not block useful new licenses because of the lack of a patent grant.
> 
> I'm inclined to agree with that. Note, though, the controversial issue
> with CC0 was the explicit refusal to grant a patent license.

More specifically, CCO's explicit claim that no patent rights shall be
conveyed though means of the CC0 grant.  It wasn't just a 'refusal to
grant', which would have been fairly ordinary among open source
licences.

For clarification, nobody at OSI claimed the problematic clause would
block moving forward.  Several members of license-review (including, I'm
pretty sure, you) merely asked Karl Fogel to consult with Creative
Commons to see if they might consider removing that clause, and
substituting one granting use of patent claims the licensor holds that
are necessary to use the software in the form it was licensed or
dedicated.  (There were also other comments, which I've not reviewed
today.)

Speaking for Creative Commons, Christopher Allan Webber appears to have
correctly understood this feedback to be _not_ at all a rejection of the
licence but rather suggestions for its revision, which he said (in his
note on Feb. 24, 2012 withdrawing the application) CC would consider
when the organisation has time.  _He_ understood this, even though some
people on this mailing list today appear not to have.

-- 
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Rick Moen           the occasion.  They fall to the level of their training."
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