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On 02/17/2012 05:35 PM, Rick Moen wrote:
<blockquote cite="mid:20120218013556.GQ21991@linuxmafia.com"
type="cite">
Bruce, you were comparing it (invidiously) to BSD licensing. Am
I missing something, or aren't all variants of BSD in the exact
same
boat, regarding implied patent licensing pursuant to theories of
legal
estoppel, equitable estoppel, etc.?<br>
</blockquote>
I'm dubious. In the case of a license to use, for example the BSD,
it's equitable estoppel by acquiescence. By permitting someone to
carry out an action (acquiescing to the action), you are estopped
from prosecuting that person for carrying out the action, and thus
it is implied that your permission contained, by implication, all
rights necessary to carry out the action that you could grant. This
including rights to exercise those patent claims that are
implemented in the version of the software you licensed.<br>
<br>
CC0 is an abandonment of rights, and then a backup license that
would be considered acquiescence, but which is only in consideration
<i>if your rights were not abandoned.</i><br>
<br>
So, I am reading this as either an abandonment of rights OR
acquiescence, but not both.<br>
<br>
Thanks<br>
<br>
Bruce<br>
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