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

2012-03-09 Thread Rick Moen
Quoting Jim Jagielski (j...@jimjag.com): BTW: How is this different from, say, the US export control provisions? In both cases, a codebase is encumbered by external, and localized restrictions. So does this mean that software distributed out of the US, no matter the OSI license, isn't really

Re: [License-discuss] license committee

2012-03-09 Thread Mike Milinkovich
I would point out that one tangible result from the report was the deprecation of the Common Public License, in favour of the Eclipse Public License. Mike Milinkovich mike.milinkov...@eclipse.org +1.613.220.3223 -Original Message- From: Smith, McCoy mccoy.sm...@intel.com Sender:

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

2012-03-09 Thread Bruce Perens
On 03/09/2012 11:41 AM, Rick Moen wrote: As an afterthought, OSI _might_ decide to adopt a policy that all new licences should at least not disclaim/waive any implicit patent waiver that might be created against patents held by licensor (estoppel defence) -- or establish some other minimum

Re: [License-discuss] license committee

2012-03-09 Thread Karl Fogel
Smith, McCoy mccoy.sm...@intel.com writes: FWIW, the report from the committee (which formed in ’04 but didn’t issue a report until ’06) was published here:  http://www.opensource.org/proliferation AFAIK, that report didn’t result in a significant amount of voluntary deprecation of licenses (at

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

2012-03-09 Thread Alexander Terekhov
On Thu, Mar 8, 2012 at 9:51 PM, Rick Moen r...@linuxmafia.com wrote: [...] a fallback permissive licence, the document's fundamental reason for existing is foolhardy: the delusional belief that creative works can be safely magicked into the public domain despite a worldwide copyright regime,

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

2012-03-09 Thread Alexander Terekhov
On Thu, Mar 8, 2012 at 10:53 PM, John Cowan co...@mercury.ccil.org wrote: [...] Someone in the other thread raised the points of first sale and patent exhaustion, but by the same token I doubt if pulling source code off a website counts as a sale: there is neither an express nor an implied

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

2012-03-09 Thread Alexander Terekhov
On Fri, Mar 9, 2012 at 12:27 AM, Rick Moen r...@linuxmafia.com wrote: [Moving this back over to license-discuss where it _still_ belongs, thank you.] Quoting Lawrence Rosen (lro...@rosenlaw.com): [paring the distribution list] Previously CC'd to Basingstoke and back, I wouldn't doubt. For

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

2012-03-09 Thread Alexander Terekhov
On Thu, Mar 8, 2012 at 10:53 PM, John Cowan co...@mercury.ccil.org wrote: [...] I think this language is much too strong.  It's true that there is no treaty or statutory language allowing abandonment, ... Certainly there is statutory language, e.g.: http://www.copyright.gov/reports/exsum.html

Re: [License-discuss] First Sale in Europe (upcoming preliminary ruling)

2012-03-09 Thread Alexander Terekhov
On Sat, Mar 3, 2012 at 2:15 AM, Alexander Terekhov alexander.terek...@gmail.com wrote: This may be of interest to lawyers and non-lawyers on these (license-rev...@opensource.org, license-discuss@opensource.org, bo...@opensource.org) lists: The European Court of Justice, upcoming preliminary