[License-review] For approval: The Cryptographic Autonomy License (Beta 4)

[Nigel T]

It reads differently than other patent grants in other licenses.  Can
someone point out the same carveout in Apache or GPL?

On Fri, Dec 6, 2019 at 12:25 PM Pamela Chestek <pamela at chesteklegal.com>
wrote:

>
> On 12/6/2019 12:13 PM, Josh Berkus wrote:
> > On 12/6/19 7:48 AM, VanL wrote:
> >> On Fri, Dec 6, 2019 at 8:52 AM Nigel T <nigel.2048 at gmail.com
> >> <mailto:nigel.2048 at gmail.com>> wrote:
> >>
> >>     3.2.a seems to imply to me that there is no patent grant when the
> >>     work is used as part of a combination or modification.
> >>
> >>
> >> This is known as a combination carveout. Patent claims are covered for
> >> what is provided to you. If you modify the software in some way so that
> >> it infringes a patent *solely because of your modification or
> >> combination*, then your actions are not specifically licensed.
> >>
> >> The rationale is clear: The licensor is only responsible for what they
> >> provide to other people, not those peoples' subsequent actions.
> >> Otherwise someone could include a single line from someone's software
> >> ("#include <stdio.h>") and claim that all the patents owned by that
> >> person were licensed.
> >>
> > Yeah, we discussed this topic with the proposed Oracle downstream
> > license too.  It's an inevitable consequence of OSS license patent
> > grants; a patent grant cannot include carte blanche grants to any patent
> > affecting the software regardless of modifications, and no existing
> > license does.  So Van is 100% correct here.
> >
> I believe this is true of every patent grant in every open source license.
>
> Pam
>
> Pamela S. Chestek
> Chestek Legal
> PO Box 2492
> Raleigh, NC 27602
> 919-800-8033
> pamela at chesteklegal.com
> www.chesteklegal.com
>
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