Is there anyone have samples of license including patent issues ? I am working on such problems for a consortium which will develop and distribute free software. The limitation of the patent license for any use of the software only on GPL licensed OS is very interesting, I think and can help patent owners to use opensource software. In fact, because of the exhaustion of IP rights, it is very dangerous to grant any right on a software because it may risk to imply a license of the patents covering this software. So it is very important to limit the scope of such license. what do you think about such limitations ?
with thanks and regards, ----------------------------- Yann Dietrich IP/Licensing Legal Counsel France Telecom R&D / VAT member of the editorial board of http://www.juriscom.net homepage : http://www.chez.com/ydietrich > -----Message d'origine----- > De : Russell Nelson [mailto:[EMAIL PROTECTED]] > Envoye : mardi 30 octobre 2001 17:40 > A : [EMAIL PROTECTED] > Cc : Kolb, Doug; Stamnes, Michelle; Simon, David > Objet : Intel's proposed BSD + Patent License > > > [ Please review this license. If you do so promptly enough, we may > be able to include it in tomorrow's board meeting. -russ ] > > > After reviewing the following license with key open source > developers, Intel > is submitting a new license called the "BSD + Patent > License". This is a > combination of the BSD license (the post July 22, 1999 > version without the > "advertising" clause), with patent license language derived > from the Common > Public License ("CPL"). > > Contributors to Linux or other GPL works may provide their > independently > created code under the BSD license (see the FSF's web site at > http://www.fsf.org/licenses/license-list.html#ModifiedBSD). To address > concerns that users of Intel's contributions under the BSD > license risked > patent infringement claims from Intel, this license > submission expressly > includes patent licensing language. > > Intel modified the BSD license in the following ways: > > 1. Intel made OPTIONAL the inclusion of a copyright notice (i.e., > "Redistributions of source code of the Software may retain the above > copyright notice, this list of conditions and the following > disclaimer"). > > 2. Intel added certain definitions derived from the patent > license in the > Common Public License, and added a license grant under > certain Intel patents > to distribute Intel software contributions, alone or as > incorporated in any > operating system licensed under the GPL (version 2.0 or later). > > Please post the license to the "license-discuss" list under my name on > behalf of Intel Corporation. Thank you for your consideration. > > Regards, > > Michelle V. Stamnes > Intel Corporation > > ---- > > > The Intel BSD + Patent License > > > Recipient has requested a license and Intel Corporation ("Intel") is > willing to grant a license for the software entitled _____________ > (the "Software") being provided by Intel Corporation. > > The following definitions apply to this License: > > "Licensed Patents" means patent claims licensable by Intel Corporation > which are necessarily infringed by the use or sale of the Software > alone or when combined with the operating system referred to below. > "Recipient" means the party to whom Intel delivers this Software. > "Licensee" means Recipient and those third parties that receive a > license to any operating system available under the GNU Public License > version 2.0 or later. > > Copyright (c) 1996-2001 Intel Corporation All rights reserved. > > The license is provided to Recipient and Recipient's Licensees under > the following terms. > > Redistribution and use in source and binary forms of the Software, > with or without modification, are permitted provided that the > following conditions are met: > > Redistributions of source code of the Software may retain the above > copyright notice, this list of conditions and the following > disclaimer. Redistributions in binary form of the Software may > reproduce the above copyright notice, this list of conditions and the > following disclaimer in the documentation and/or other materials > provided with the distribution. Neither the name of Intel Corporation > nor the names of its contributors shall be used to endorse or promote > products derived from this Software without specific prior written > permission. > > Intel hereby grants Recipient and Licensees a non-exclusive, > worldwide, royalty-free patent license under Licensed Patents to make, > use, sell, offer to sell, import and otherwise transfer the Software, > if any, in source code and object code form. This license shall > include changes to the Software that are error corrections or other > minor changes to the Software that do not add functionality or > features when the Software is incorporated in any version of a > operating system that has been distributed under the GNU General > Public License 2.0 or later. This patent license shall apply to the > combination of the Software and any operating system licensed under > the GNU Public License version 2.0 or later if, at the time Intel > provides the Software to Recipient, such addition of the Software to > the then publicly available versions of such operating system > available under the GNU Public License version 2.0 or later (whether > in gold, beta or alpha form) causes such combination to be covered by > the Licensed Patents. The patent license shall not apply to any other > combinations which include the Software. No hardware per se is > licensed hereunder. > > THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS > "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT > LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR > A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL INTEL OR ITS > CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, > EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, > PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR > PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF > LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING > NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS > SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. > > -- > -russ nelson <[EMAIL PROTECTED]> http://russnelson.com > Crynwr sells support for free software | PGPok | Why are we > still fighting > 521 Pleasant Valley Rd. | +1 315 268 1925 voice | the war on > drugs when there > Potsdam, NY 13676-3213 | +1 315 268 9201 FAX | is a real > war to fight? > -- > license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3 > -- license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3
