[Fwd: Re: What would work instead of the MXM public license?]

Russ Nelson nelson at crynwr.com
Wed Apr 15 14:57:52 UTC 2009


Carlo Piana writes:
 > This does not help very much if the copyright holder is not the patent
 > holder and vice versa. I think I have already tackled the issue of dual
 > licensing.

Then they're separate issues, and the copyright holder (licensor) and
end user of the code (licensee) can/must treat the patent holder as a
third party, who may or may not give a patent grant to open source
implementations.

If a copyright holder wants to license software which they know is
covered by a patent, then they can simply say so.  The legal
arrangement afforded by the copyright has nothing to do with it.

And anyway, none of this applies to free thought countries; only the
USA allows patents on purely mental processes.

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