Subject: Re: A few here may have an opinion on this
From: Don Marti <>
Date: Wed, 23 Oct 2002 16:23:02 -0700

begin Brian Behlendorf quotation of Wed, Oct 23, 2002 at 02:50:53PM -0700:

> I definitely agree that item 3 needs to go, I don't know though if
> item 3 precludes releasing BSD-licensed code.  However, doesn't item 1
> work even if item 2 exists?  I take it you're concerned about third
> parties who own patents on ideas implemented by code built with government
> funds - in that scenario, how does the license on the govt-funded code
> matter?

A simple example is BSD Compression.

In places where the LZW patent is in force, only proprietary derived
works, not the original BSD-licensed software, can be distributed.

A grant recipient intending to develop proprietary-only software
at public expense can force a project to be free in name but
proprietary-only in practice by using patented but not RF-licensed
algorithms, just as a grant recipient intending a project to
be free-only can make it so by developing a derived work of a
GPL-covered foundation.

If the intent is to fund infrastructure software that can be
incorporated into both free and proprietary products, you have to
put both copyrights and patents on the table.

Don Marti