[License-review] Section 203(a) copyright recapture

John Cowan cowan at mercury.ccil.org
Sat Feb 18 05:18:24 UTC 2012

Bruce Perens scripsit:

> This is moot to the issue of the CC0 license.

Quite so.  I merely brought it up as an example of "what can't be
cured must be endured."  I think the risk of being sued for patent
infringement by the copyright owner is trivial compared to the risk of
being sued by a third-party patent troll, and therefore that explicit
patent disclaimers do not materially increase the risk.

I note that MIT has said that the MIT license is not an implicit patent

> Section (1) requires a large enough majority in a joint work that most
> community-developed products could never be recaptured, as far as I
> can tell.

There are many works developed by a single author, or where
contributions by others are small enough to be de minimis.

John Cowan      <cowan at ccil.org>       http://www.ccil.org/~cowan
                Charles li reis, nostre emperesdre magnes,
                Set anz totz pleinz ad ested in Espagnes.

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