Subject: Re: Intel's proposed BSD + Patent License
From: Russell Nelson <>
Date: Wed, 31 Oct 2001 01:07:38 -0500 (EST)

David Johnson writes:
 > Okay, we can play fun little metaphysical games with the BSD license, but it 
 > ignores an important point: the BSD+Patent License restricts what operating 
 > systems you may use it on.

No it doesn't, for several reasons:

  1) You might live in a jurisdiction where software parents are not recognized.
  2) The software you are using may not be patented.
  3) The patent in question might not be valid.
  4) You might have a license for the patent.
  5) You might be able to negotiate a free license for your operating

The Patent License does not say that you cannot run the software if
your operating system is not GPL'ed.  It says that you are granted a
license if your operating system is GPL'ed.  That's *all*.  It's
presence does not take anything away from anyone; therefore if the
license is approvable without it, then it is approvable with it.

-russ nelson <>
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