RE: Intel's proposed BSD + Patent License
-Original Message- From: Russell Nelson [mailto:[EMAIL PROTECTED]] Sent: Tuesday, October 30, 2001 9:08 PM To: [EMAIL PROTECTED] Subject: Re: Intel's proposed BSD + Patent License Yes, you can use this software with FreeBSD. FreeBSD is subject to the BSD license, so you have no patent license for the original code. You can use the Intel code under the same terms, and just like under the BSD, you do not get a patent license. David Johnson writes: On Tuesday 30 October 2001 08:21 pm, Russell Nelson wrote: David Johnson writes: Now wait one cotton pickin' minute here! You mean to tell me I can't use this software on FreeBSD? Sure you can. GPL your copy of it. ??? GPL my copy of FreeBSD ??? Precisely how do I go about this? Replace all copies of the BSD license under /usr/src and recompile? Why bother? Why not simply decide in your own head that, if you ever give away a copy of your FreeBSD, you'll do so under the GPL. Poof, instant GPL'ed operating system. One of the things we *don't* do at the OSI is only approve sensible licenses. We also approve the ones that aren't likely to accomplish the author's goals. As long as they comply with the OSD, we approve 'em. And when they don't, we don't. -- -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
Response to comments on Intel's proposed BSD+Patent license
There seem to be a number of comments on the BSD+ Patent license we have proposed that claim that the license is not open because it only licenses a specific product; i.e., Linux. First, this is not true. The patent license that is extended is for ANY OS that is licensed under the GPL. It may be Linux or any other OS that is licensed under GPL. Second, and far more fundamental, all of the threads seem to agree: 1. BSD is a copyright only license. 2. BSD grants NO rights to patents. 3. BSD is an open license. It is not logical to say that a license that grants MORE rights than the BSD is not open. If you use the software in an OS licensed under GPL, you also get a patent license on the use of that software. For the sake of example, let's assume that instead of granting the additional value of a patent license from Intel, the proposed license said If you use the software in an OS that is licensed under the GPL, Intel will pay you $100. The license merely provides an incentive for a particular use, but does not prohibit other uses. Now, change the value to being a patent license. That does not change the fact that there is additional value; it is just value of a different form. How is that not an open license? Finally, under the proposed license, you can use the software in Solaris or any other proprietary OS or in any other piece of software (in addition to the GPL based OS's). You just don't have a patent license; so you are no worse off than with the BSD license. -- license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3
