<div dir="ltr">My legal rights to software on the computer in front of me may be restricted by many things. A short and incomplete list includes copyright law, patents, contracts, who owns the computer and my employment status. Any and all of these can impact whether I actually enjoy the freedoms that the OSD describes. I may be unaware of or misinformed about any or all these potential encumbrances.<div><br></div><div>When we talk about whether a software license is OSD compliant, we are only addressing the question of whether this license restricts software under copyright law in a way that violates the OSD. In principle it is generally impossible to decide whether I *actually* have the rights described by the OSD to the software in front of me.</div><div><br></div><div>(I am not a lawyer and this is not legal advice.)</div></div><div class="gmail_extra"><br><div class="gmail_quote">On Mon, Mar 6, 2017 at 3:41 PM, Christopher Sean Morrison <span dir="ltr"><<a href="mailto:brlcad@mac.com" target="_blank">brlcad@mac.com</a>></span> wrote:<br><blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex"><br>
In light of the recent CC0 discussion, I’m refreshing my mind on what rights are provided under patent law, each of the OSD criteria, and any connections between them.<br>
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>From my reading, a patent gives the holder the right to exclude others from (a) making, (b) using, (c) selling, or (d) importing/exporting their invention. The OSD clauses refer to “the distribution terms” in rather license- and copyright-agnostic terms, so here’s my basic layman analysis:<br>
<br>
1) Exclusion (a) seems not problematic for the OSD as it precludes others outside of licensing.<br>
2) Certainly a problem in the broad sense, but exclusion (b) seems not problematic with the OSD.<br>
3) Exclusion (c) seems to fail OSD clause #1 (Free Redistribution) and possibly #7 (Distribution of license).<br>
4) Exclusion (d) similarly fails #1 and #7.<br>
<br>
So what? In terms of OSD compliance, there appears to be several issues if a patent exists and one does not grant/hold a royalty-free patent license. If I have a software patent and license that software under CC0, for example, without any other distribution terms in place, it’s my reading that this would technically be distribution terms that violate OSD #1 and #7.<br>
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This creates an interesting situation where “the distribution terms” of some software will depend on whether the distributor holds a patent, not necessarily on the language of their license. There are, of course, ample examples of licenses that convey conforming patent rights, both implicit and explicitly.<br>
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Does anyone disagree that holding a patent and not granting a patent license violates the OSD, perhaps as an out-of-band perspective? Should the OSD only be measured against a copyright standard, as originally drafted? Does OSI need to clarify “all bets are off” if there’ s a patent or consider them as part of the distribution terms equally? What are other people’s thoughts on this?<br>
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Cheers!<br>
Sean<br>
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