{"id":"BSD-2-Clause-Patent","title":"BSD-2-Clause Plus Patent License","reviewed_on":"2026-09-15","reviewer":"Giray Havur","text_source":"https://raw.githubusercontent.com/spdx/license-list-data/main/text/BSD-2-Clause-Patent.txt","text_retrieved":true,"verdict":"created","summary":"Models the two-clause BSD licence with the express patent licence added for the OpenIB and EDK II projects. The copyright side is modelled exactly as BSD-2-Clause; the patent side adds a dalicc:patentGrant permission and the quoted scope limits. Nothing here is legal advice.","findings":[{"rubric":3,"severity":"major","field":"odrl:permission","description":"Beyond the two-clause BSD grant the text adds \"each copyright holder and contributor hereby grants to those receiving rights under this license a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except for failure to satisfy the conditions of this license) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer this software\". That is an express patent licence, so dalicc:patentGrant is a permission.","action":"applied"},{"rubric":4,"severity":"minor","field":"odrl:prohibition","description":"The text has no endorsement clause and no defensive-termination clause, so neither dalicc:promote nor dalicc:patentRetaliationTermination is stated. The review group notes anticipated a retaliation sentence; the SPDX text carries none, only the parenthesis \"(except for failure to satisfy the conditions of this license)\" inside the patent grant. dalicc:ChangeLicense is prohibited as in the rest of the family. (Corrected on 2026-09-15 by the verification pass: see the rubric 3 finding on relicensing below.)","action":"applied"},{"rubric":5,"severity":"major","field":"odrl:duty","description":"The retention conditions are the whole content of the licence. cc:Attribution and cc:Notice hang off odrl:distribute, odrl:modify and odrl:derive, because the text requires the copyright notice, the list of conditions and the disclaimer to travel with every redistributed and every modified copy.","action":"applied"},{"rubric":6,"severity":"minor","field":"dalicc:additionalClauses","description":"The whole patent paragraph, its two scope limbs (a) and (b) and the closing sentence \"Except as expressly stated above, no rights or licenses from any copyright holder or contributor is granted under this license, whether expressly, by implication, estoppel or otherwise\" are quoted verbatim, because the scope of a patent grant cannot be expressed by the dalicc:patentGrant action alone. The warranty and liability sentences are split as elsewhere in this review group.","action":"applied"},{"rubric":7,"severity":"info","field":"cc:jurisdiction","description":"The text names no legal system and sets no term, so cc:jurisdiction is dalicc:worldwide and dalicc:validityType is dalicc:perpetual.","action":"applied"},{"rubric":9,"severity":"info","field":"record","description":"The consistency check of app.services.composer with the dependency graph dg_default returned an empty conflict list.","action":"none"},{"rubric":10,"severity":"info","field":"record","description":"Follows licensedata/licenses/BSD-2-Clause.ttl for the copyright grant and the duties, and is the first BSD record in the library to carry dalicc:patentGrant.","action":"none"},{"rubric":3,"severity":"major","field":"odrl:permission","description":"Library convention 15: a licence that asks for no reciprocity and no source code asks only that the notice travels with the copy, which is a duty on the acts it governs and not a bar on putting the copy under other terms. dalicc:ChangeLicense is therefore a permission here, and the prohibition the earlier reading wrote is removed. The text reads: \"Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: 1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.\" The permission carries the dalicc:compliantLicense duty, as Apache-2.0 does, because the notice has to survive the relicensing.","action":"applied"}],"family":"BSD variants","port_of":null,"variant_kind":null,"notes":"The patent licence is granted to \"those receiving rights under this license\", so it travels with the software rather than being a separate agreement; it is modelled as a permission of the licence, not as a duty."}