[License-review] CC0 incompliant with OSD on patents, [was: MXM compared to CC0 ]

Russ Nelson nelson at crynwr.com
Thu Mar 8 01:20:55 UTC 2012


Jim Jagielski writes:
 > I have a hard time following all this, based on the mix of factual
 > data in combo with the ad-hominum attacks floating around...

Facts:
  o Everybody says we should avoid making new law, because we can't
    even afford to *win* a patent suit, much less lose.
  o The BSD license has no patent wavier.
  o The BSD license *might* have an implicit patent wavier, but that
    has never been tested in court.
  o Claims that the BSD license has an implicit patent wavier create
    new law.

Beliefs:
  o Many people think the BSD is el-primo numero uno Open Source
    License.
  o Many people think the CC0 is NOT an open source license because it
    doesn't come with a patent wavier.
  o Some people think that OSD compliance needs a patent waiver/license.
  o Some people think that the OSI should use OSI approval to mean
    that software is safe to use.

Not all of these beliefs can be true at the same time. I get a little
frustrated with people who can't see their nose to spite their face.

-- 
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