For approval: MXM Public license
Russ Nelson
nelson at crynwr.com
Fri Apr 10 16:50:53 UTC 2009
Simon Phipps writes:
>
> On Apr 10, 2009, at 16:36, Russ Nelson wrote:
> > If the water were *that* muddy, then someone would have by now used
> > the BSD on patented software, gained a market, and then pointed to the
> > patent. They could defend themselves against a reliance counter-suit
> > by pointing to the utter lack of a patent license in the BSD text.
> >
> > Except ... that nobody has done that because the water isn't very
> > muddy.
>
> I'd suggest no-one has done it because anyone worth targeting with
> that predatory behaviour has been advised BSD-licensed source comes
> with no patent licenses and should be treated with extreme caution.
> Based on my own experience and advice received, of course.
Yeah, and evolution is just a theory.
Lawyers don't give you business advice. They give you legal advice.
If you never ignore your lawyers' advice, you're not taking enough
legal risks.
If anybody thought that the BSD *didn't* come with an implicit patent
license, then somebody would have at least *asserted* "You have no
patent license". And yet nobody has. Easy to prove me wrong. All
you need is a single inconvenient fact.
--
--my blog is at http://blog.russnelson.com
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