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> Lastly, as a result of this mishmash of legal, industry, general-intellectual-property, and general-use terms, it isn’t clear whether The MIT License includes
by SeanLuke 6y ago
> Lastly, as a result of this mishmash of legal, industry, general-intellectual-property, and general-use terms, it isn’t clear whether The MIT License includes a patent license. The general language “deal in” and some of the example verbs, especially “use”, point toward a patent license, albeit a very unclear one.
I think this is a very carefully couched way of saying "the MIT license doesn't protect the licensee from being sued by the licensor for patent violation." If person A has a patent on algorithm X, and he wrote open source code which implements X, and he licenses this code to person B under the MIT (or BSD) license, and B uses the code, it's feasible for A to sue B for patent violation.
For this reason alone, I think MIT and BSD are awful, archaic licenses that should be avoided at all costs. The Apache 2.0 license is a great substitute.
- kemitchell 6y agoOther very capable analysts have argued that MIT does grant patent rights, either express or implied. They've also argued that other legal rules, especially patent "exhaustion", remove the risk. I'm with you on this, though. It doesn't have to be broke. We can fix it. Blue Oak Council, a nonprofit I'm a part of, published a tier-ranked list of permissive licenses. All of those at the top handle patent explicitly: https://blueoakcouncil.org/list https://blueoakcouncil.org/list We also published a model permissive license, which comes with a very explicit, very broad patent grant: https://blueoakcouncil.org/license/1.0.0 https://blueoakcouncil.org/license/1.0.0