[License-review] Request for consultation with CC on patent issue

Romain Berrendonner romain at berrendonner.org
Mon Feb 20 15:21:49 UTC 2012

Le 20/02/2012 15:57, Richard Fontana a écrit :
> On Sun, Feb 19, 2012 at 11:04:13PM -0800, Bruce Perens wrote:
>> Fontana and I appear to be agreed that CC should be asked to add language to
>> CC0: an explicit permission to make use of patent claims necessary to use the
>> software in the form that was dedicated or licensed. This should apply to both
>> public domain, and the fallback license.
> I don't think this is the only possible good solution, and there may
> be simpler ones, but it is one that CC may wish to consider.

In some jurisdictions (See for instance article 1626 of the French civil
code), the licensor must warrant to the licensee that he or she won't be
evicted from enjoying the granted rights. Even if all warranties are
disclaimed, the licensor must still warrant against eviction coming from
on of his own acts (art. 1628).

In the case being discussed, invocation by the licensor of a patent
claim to prevent the licensee from using the software may very well be
such an eviction.

On more reason to ask for some specific language.


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