For approval: MXM Public license
Lawrence Rosen
lrosen at rosenlaw.com
Fri Apr 10 17:24:46 UTC 2009
Russ Nelson wrote:
> 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.
Russ, there are so many things to argue about in those three sentences....
But I don't dare start another thread on here in defense of lawyers. :-)
Suffice it to say, the MXM Public License doesn't pass the OSD test.
/Larry
[A lawyer who gives both business advice and legal advice,
and hopes his clients at least listen to his advice before
ignoring it]
Lawrence Rosen
Rosenlaw & Einschlag, a technology law firm (www.rosenlaw.com)
3001 King Ranch Road, Ukiah, CA 95482
707-485-1242 * cell: 707-478-8932 * fax: 707-485-1243
Skype: LawrenceRosen
> -----Original Message-----
> From: Russ Nelson [mailto:nelson at crynwr.com]
> Sent: Friday, April 10, 2009 9:51 AM
> To: License Review
> Subject: Re: For approval: MXM Public license
>
> 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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