[License-review] For Approval: The Cryptographic Autonomy License

VanL van.lindberg at gmail.com
Tue May 7 12:34:44 UTC 2019

There CAL has three equal and alternative methods of action: copyright,
patent, and contract. The effects should be consistent across all three,
even though remedies will differ.

It's true that licensors with patents will have extra tools. But even in a
situation in which a licensor does not have a patent, it is ordinary
practice to restrict software functionality on the basis of copyright
rights. The functional and expressive aspects of software are so
interrelated that copying expression is very hard to avoid using the
"patent" verbs (e.g., make, use, sell, and offer to sell) when exercising
rights under copyright. Thus, the use of patent verbs makes the application
and of the license consistent regardless of whether the licensor has a


Van Lindberg
van.lindberg at gmail.com
m: 214.364.7985

On Tue, May 7, 2019, 6:47 AM Kevin P. Fleming <kevin+osi at km6g.us> wrote:

> On Mon, May 6, 2019 at 9:08 AM VanL <van.lindberg at gmail.com> wrote:
> > 3) There is more than just copyright in play - there are patents too.
> The CAL is designed to use both copyright and patent law as hooks for
> copyleft enforcement. The definition in 6(m) is also implicates the "use,"
> "sale," or "offer for sale" of the software. Doing things as set up in the
> CAL allows a court (and a license enforcer) to use either, whereas the
> propagate definition is copyright only.
> Does this imply that the CAL can only be fully effective if there are
> issued patents covering portions of the work which is using the CAL?
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