Re: Patent clauses in licenses

2004-09-21 Thread Nathanael Nerode 
Michael Poole wrote:

 Loss of patent license means the user cannot use the software.  Loss
 of copyright license (at least in the USA) only removes the license of
 a user to modify or copy the software further.  I do not see how the
 former is narrower than the latter,

I suppose you could copy and modify it without using it.

Wait a sec.  You can't distribute implementations of a patent without a
license either (right?), and the software is considered an implementation. 
So I suppose you could copy and modify it, but you couldn't distribute it.

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Re: Patent clauses in licenses

2004-09-15 Thread MJ Ray 

On 2004-09-14 23:38:26 +0100 Michael Poole [EMAIL PROTECTED] wrote:


MJ Ray writes:

The OSI lists no licences as free.

While pedantically true, I claim this is irrelevant on the basis of
the similarity between the Open Source Definition and the DFSG.  The
only significant difference is that different groups interpret them.


I think the significant difference is that OSD is a checklist, while 
DFSG are a set of guidelines. Further, DFSG are interpreted in public, 
while OSD appears to be checked mostly in private with the case in 
favour of approval made by a hired lawyer.



Whose patent would make a difference to the FSF?


I believe they regard the software as not free when it is subject to 
any encumberment harmful to free software. I've written before about 
the problems getting [EMAIL PROTECTED] to answer. In January, I was told 
[EMAIL PROTECTED] is seeking clarification from their licensing committee, 
but I've not heard back yet.



Loss of patent license means the user cannot use the software.  Loss
of copyright license (at least in the USA) only removes the license of
a user to modify or copy the software further. [...]


Maybe it's not narrower for the USA then. Your law is not my law. I've 
elaborated on this in the OSL thread this morning.


--
MJR/slefMy Opinion Only and not of any group I know
 Creative copyleft computing - http://www.ttllp.co.uk/
http://www.thewalks.co.uk stand 13,Lynn Carnival,12 Sep