Totally agree. But can the USG file patents? I suppose research organizations can (MITRE, maybe even NASA?) so it's not that academic; but presumably any place where this public domain arises, it applies to patents too. Would be nice to get that sorted.

Brian

On Thu, 18 Aug 2016, Chris DiBona wrote:
In military contracting , patent grants are key to the point where I wouldn't 
consider a non patent granting license from, say, lockheed as being open source 
at all.


On Aug 18, 2016 3:05 PM, "Tzeng, Nigel H." <nigel.tz...@jhuapl.edu> wrote:
      On 8/18/16, 3:57 PM, "License-discuss on behalf of Lawrence Rosen"
      <license-discuss-boun...@opensource.org on behalf of lro...@rosenlaw.com>
      wrote:


      >Nigel Tzeng wrote:
      >> The issue here is for code that is potentially quite substantial.  I
      >>would think that would be a different scenario.
      >
      >If I include the works of Shakespeare in my software, it would of course
      >be substantial and yet still be public domain almost everywhere (?).

      If patents aren't a concern then okay.  Copyright lasts longer than
      patents so for anything that is in the public domain because of age then
      no patents would still apply.

      There isn¹t a lot of code that has aged out.  Only code written between
      before 1963 and didn¹t get a renewal.

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