[License-review] Submitting CC0 for OSI approval

Bruce Perens bruce at perens.com
Sat Feb 18 00:22:42 UTC 2012

I can't confirm this on behalf of OSI, as far as I'm aware I'm still 
persona non grata in that camp.

At the time I wrote the OSD, I was ignorant of patent estoppel issues, 
and there were no attorneys that would help us.

I did not write the "rationale" segments, they are supplemental to the 
OSD rather than part of it, and they sometimes do not reproduce the 
rationale I had in mind when writing the section.

However, it seems to me that #7 as I wrote it /would/ apply to any 
requirement for a separate patent license.

It does seem that an explicit disclaimer of patent grant, and 
abandonment of copyright rather than provision of a license, do not add 
up to equitable estoppel regarding patents.

It doesn't seem to me that this non-license would be as safe for 
developers as BSD. I would not be so fast to approve it before looking 
at this issue /really /carefully.



On 02/17/2012 03:03 PM, Richard Fontana wrote:
> OK. I would just like the OSI to confirm that this provision of the
> Open Source Definition
>    7. Distribution of License
>    The rights attached to the program must apply to all to whom the
>    program is redistributed without the need for execution of an
>    additional license by those parties.
>    Rationale: This clause is intended to forbid closing up software by
>    indirect means such as requiring a non-disclosure agreement.
> is not in conflict with the provision of CC0 I quoted. (In which case,
> I would be interested in understanding what that plank of the OSD
> actually means. Perhaps Mr. Perens can shed some light.:)

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