Subject: Re: Intel's proposed BSD + Patent License
From: Russell Nelson <nelson@crynwr.com>
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
     system.

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 <sig@russnelson.com>  http://russnelson.com
Crynwr sells support for free software  | PGPok | Why are we still fighting
521 Pleasant Valley Rd. | +1 315 268 1925 voice | the war on drugs when there
Potsdam, NY 13676-3213  | +1 315 268 9201 FAX   | is a real war to fight?
--
license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3