Subject: Re: For Approval: Broad Institute Public License (BIPL)
From: Matthew Flaschen <superm40@comcast.net>
Date: Fri, 14 Jul 2006 16:08:07 -0400

Wilson, Andrew wrote:
> The exact definition of Licensable in CDDL is
> "means having the right to grant."  If the Institute
> has already granted exclusivity to a 3rd party,
> seems to me that patent is not Licensable since
> the Institute has no further rights to grant.
> 
> IANAL, etc., etc.
> 
> Andy Wilson
> Intel Open Source Technology Center

I agree. I was talking about clause 2 of the OSL, which includes 
"Licensor grants You a worldwide, royalty-free, non-exclusive, 
sublicensable license, under patent claims owned or controlled [...]." 
Your assessment of clause 1.8 (definition of Licensable) of CDDL, which 
includes "having the right to grant, to the maximum extent possible" 
seems correct.

Matthew Flaschen