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Dear BIPL Discussion Group,<br>
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.
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<dd>"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:<br>
<dd>(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<br>
<dd>(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shall be limited and superseded from time to time by any exclusive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."
</dl>Thank you.<br>
--Karin<br>
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<font size=2>__________________________________________________<br>
Karin K. Rivard, Asst. Director and Counsel<br>
MIT Technology Licensing Office, Room NE25-230<br>
Five Cambridge Center, Kendall Square<br>
Cambridge, MA 02142<br>
Phone: (617) 253-6966; Fax: (617) 258-6790<br>
Email: rivard@mit.edu<br>
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