[License-review] Submitting CC0 for OSI approval

Bruce Perens bruce at perens.com
Sat Feb 18 02:12:31 UTC 2012

On 02/17/2012 05:35 PM, Rick Moen wrote:
> 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.?
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.

CC0 is an abandonment of rights, and then a backup license that would be 
considered acquiescence, but which is only in consideration /if your 
rights were not abandoned./

So, I am reading this as either an abandonment of rights OR 
acquiescence, but not both.


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