Subject: Re: For Approval: Broad Institute Public License (BIPL)
From: Matthew Flaschen <matthew.flaschen@gatech.edu>
Date: Wed, 18 Oct 2006 15:00:32 -0400

That still allows MIT to deliberately provide an exclusive license for 
technologies implemented in BIPL code, as long as the express purpose is 
something other than pursuing BIPL licensees.  There are still other 
possible purposes, such as revenue for MIT.

I think "Notwithstanding the foregoing, Initial Contributor shall not 
knowingly exclusively license the Patent Claims" would be better.

Matthew Flaschen

Karin Rivard wrote:
This language
> would replace the current 2.1 in the attached license agreement.
> 
>     "2.1   Subject to third party intellectual property claims, the
>     Initial Developer hereby grants You, as of the Effective Date, a
>     world-wide, royalty-free, non-exclusive license:
>     (a) under intellectual property rights (other than patent or
>     trademark) Licensable by Initial Developer, to run, reproduce,
>     modify, display, perform, sublicense, and distribute the Original
>     Code (or portions thereof) with or without Modifications, and/or as
>     part of a Larger Work; and
>     (b) under Patent Claims Licensable by Initial Developer that are
>     infringed by the exercise of the license granted under Section
>     2.1(a), and solely to the extent necessary to exercise the license
>     granted under Section 2.1(a), to make, use, sell, offer for sale, or
>     import the Original Code (or portions thereof) with or without
>     Modifications, and/or as part of a Larger Work.  The license granted
>     in this subsection shall be limited and superseded from time to time
>     by any exclusive licenses in such Patent Claims granted by Initial
>     Developer to third parties after the date of this license grant to
>     You.  Notwithstanding the foregoing, Initial Contributor shall not
>     exclusively license the Patent Claims for the express purpose of
>     pursuing Contributors to, distributors of, or users of the Covered
>     Code." 
> 
> Thank you.
> --Karin
> 
> __________________________________________________
> Karin K. Rivard, Asst. Director and Counsel
> MIT Technology Licensing Office, Room NE25-230
> Five Cambridge Center, Kendall Square
> Cambridge, MA 02142
> Phone:  (617) 253-6966; Fax: (617) 258-6790
> Email:  rivard@mit.edu
>