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

Henrik Ingo henrik.ingo at avoinelama.fi
Tue Feb 21 19:24:41 UTC 2012

On Tue, Feb 21, 2012 at 8:48 PM, Chuck Swiger <chuck at codefab.com> wrote:
> And clauses 2 (and 3, as needed) make it clear that the Affirmer has agreed to not make "associated claims and causes of action" to the work under the CC0 license against anyone.

In 2: "all of Affirmer's Copyright and Related Rights and associated
claims and causes of action, whether now known or unknown (including
existing as well as future claims and causes of action), in the Work."

In 3: "royalty-free, [...yada yada...] and unconditional license to
exercise Affirmer's Copyright and Related Rights in the Work"

The Related Rights are enumerated in §1 and do *not* include patent
rights. They are only so called "Neighboring rights" ie
"copyright-like" rights.

The paragraphs 1-3 are already carefully worded such that there
doesn't seem to be an implied patent grant/waiver, and with the
explicit exclusion in 4a I don't see why the Affirmer would have
agreed anything related to his patent rights.

> CC0 satisfies OSD 7, because it grants (or attempts to grant, subject to local limitations about whether something actually can be placed into the "public domain") all of the rights possessed by the Affirmer to the work to everyone else.

By "all of the rights" you mean also patent rights? I just don't see
it. If that was the case, maybe the text can be made clearer? The
previously cited FAQ suggests it doesn't grant "all of the rights".

henrik.ingo at avoinelama.fi
+358-40-8211286 skype: henrik.ingo irc: hingo

My LinkedIn profile: http://www.linkedin.com/profile/view?id=9522559

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