| Re: [science-iwg] Fwd: Re: [triquetrum] Dual License Triquetrum under EPLv1.0 and EPL-1.0-BSD (#46) |
Mike,
Personally, I agree with you and if I was running a company I wouldn't care about it. I'm just relaying what I've encountered in the field. Ultimately I think we just need to educate people about it better.
Jay
To be truly open source, code needs to be usable without requiring further permissions, including spending money acquiring patent licenses. As someone who has been a member of the board at the Open Source Initiative for many years, I can tell you that these sorts of patent clauses are considered to be a feature of all modern open source licenses. The patent clauses in the EPL, ALv2 and similar licenses have been carefully constructed, and are broadly accepted by industry. The ALv2 in particular is very popular precisely because of its patent license (which is almost identical to the EPL's), coupled with permissive copyright terms.
On 2/16/2016 3:56 PM, Jay Jay Billings wrote:
Well, in fairness, I hear complaints from nonmembers about the patent clause in the EPL all the time. Our attorney at ORNL wrestled with it for awhile before he was comfortable with it too. In the end he decided it was fine.
UCB had previously objected to a request from someone on my team on ground of the EPL patent clause, so I think they just really don't like it.
Jay
On Feb 16, 2016 3:35 PM, "Mike Milinkovich" <mike.milinkovich@xxxxxxxxxxx> wrote:
On 2/16/2016 2:35 PM, Erwin de Ley wrote:
From the analysis by Christopher below, it would seem that a rather small addition/modification in the standard EPL could enable academic/research institutions to actively participate in Eclipse open-source projects. Whereas the current EPL patent clause seems to prohibit that.
Changing open source license terms is an extremely time-consuming and difficult thing to do. However, for those who are interested in such things there are on-going (but currently dormant) discussions about revising the EPL at epl-discuss@xxxxxxxxxxx
Personally I don't understand such legal details, but the issue encountered for UC Berkeley is probably widely applicable to many more US institutions (and European ones as well I guess). And it would seem that the Science IWG is specifically impacted by this as we're targeting research/academic instutions a.o.
UC Berkley is the first institution in 12 years to raise these concerns. I would not rush to any assumptions about their conclusions.
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