<p dir="ltr">The analoguous explanation for why cc0 didn't qualify is that it explicitly said "you get rights a and b but not c", with c a necessary right to copy and use the software. It should be obvious that - even if you'd disagree wrt patents - at least for some values of c that is clearly not open source.</p>
<p dir="ltr">The fact that many older licenses are silent/ambiguous about c, and were written in a time when c didn't exist, is a different problem.</p>
<p dir="ltr">henrik</p>
<div class="gmail_quote">On 3 May 2014 23:14, "John Cowan" <<a href="mailto:cowan@mercury.ccil.org">cowan@mercury.ccil.org</a>> wrote:<br type="attribution"><blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex">
Richard Fontana scripsit:<br>
<br>
> When the MXM license was considered, some people pointed to OSD #7<br>
> as suggesting that a sufficiently narrowly-drawn patent license grant<br>
> in a license would not be Open Source. This was the problem I raised<br>
> when CC0 was submitted. It was the inconsistency. It depends on your<br>
> view of how the OSD applies to patents.<br>
<br>
Since it nowhere mentions them, I don't see how it can apply to them.<br>
#7 merely says that licenses of the form "You get rights a, b, and c,<br>
whereas your transferees only get rights a and b", possibly qualified by<br>
"unless they sign this", aren't open-source licenses.<br>
<br>
I continue to think that our CC0 decision was wrong insofar as it can<br>
be read as saying that the CC0 license is not an open-source (as opposed<br>
to OSI Certified) license. There may be reasons not to certify it,<br>
but not to deny that it is open source.<br>
<br>
--<br>
John Cowan <a href="http://www.ccil.org/~cowan" target="_blank">http://www.ccil.org/~cowan</a> <a href="mailto:cowan@ccil.org">cowan@ccil.org</a><br>
Female celebrity stalker, on a hot morning in Cairo:<br>
"Imagine, Colonel Lawrence, ninety-two already!"<br>
El Auruns's reply: "Many happy returns of the day!"<br>
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</blockquote></div>