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 RD / 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
