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>I was surprised because my first impression was that this clause does not legally do anything more, anything less than a license that does not explicitly grant
by xeeeeeeeeeeenu 6y ago
>I was surprised because my first impression was that this clause does not legally do anything more, anything less than a license that does not explicitly grants the rights to use the related software patents anyway. But I can imagine that without an explicit mention, a judge could still decide that a user receiving a program could reasonably feel allowed to use the related patents from its authors.
Yes, many lawyers believe in implicit patent license: http://en.swpat.org/wiki/Implicit_patent_licence http://en.swpat.org/wiki/Implicit_patent_licence
- ghaff 6y agoHere's a piece by Scott Peterson (Red Hat legal) that analyzes this with respect to the MIT license specifically: https://opensource.com/article/18/3/patent-grant-mit-license https://opensource.com/article/18/3/patent-grant-mit-license