Open/Free Licenses (was: propose: `cypherpunks license' (Re: Wanted: Twofish source code))

[shap@eros.cis.upenn.edu]

> On a different but related note, is there any worked out legal language a
> patent holder can use to irrevocably declare that the world can use their
> patent unrestrictedly?  Sort of a "open-patent" or "free-patent" license.
> The problem I worry about is reliable irrevocability in the absence of an
> easy-for-a-jury-to-appreciate quid pro quo.  The world desperately needs
> well-known texts for such open/free patent licenses.

Mark:

Your question may reflect confusion about the nature of patent.

The only reason you might patent a new idea is if you actually wish to
restrict its use in some way (or equivalently if you wish to dole out
the right to use one step at a time).

If your goal is to prevent an invention from ever being patented, it
is sufficient to publish the idea.  This is called a ``disclosure.''
The effect is to preempt future patents by denying them the ability to
claim invention.

If you hold an already existing patent, and have decided subsequent to
filing that you wish to let anyone use the invention, you can simply
publish a "grant."  You can essentially put up a document that says:

    I, Joe Blatz, grant to any and all parties an unrestricted right
    to use, realize, implement [legal crap language here] my patent
    XYZ, and to distribute, sell, etc. etc. products incorporating the
    invention protected by this patent.

    By using, distributing, or modifying my invention, you are deemed
    to accept the terms of this grant.

There is no need to permit sublicensing, as this grant is universal.
In fact, you probably don't *want* to permit sublicensing in this
case, as the sublicense could be made more restrictive than the
original grant.

The other thing you'ld want to put in to the grant document is a ``no
warranty'' clause and a clause limiting *your* liability.

Richard: Would it be useful for the FSF to publish a template grant
document for doing this?


Jonathan Shapiro