MIT vs Blue Oak Model License

MIT vs Blue Oak License: Key Differences

    Permissiveness:
  • Both MIT and Blue Oak are permissive: users can use, modify, distribute and sublicense the software freely.

    Patent Grant & Protection:
  • MIT: Does not explicitly grant patent rights, though some courts interpret it broadly.

  • Blue Oak: Explicitly grants rights to use any patented techniques in the code, covering both the original code and any future contributions also released under the Blue Oak license.

    Disclaimer of Warranties & Liability:
  • MIT: Includes a brief disclaimer.

  • Blue Oak: Explicit, structured, "as-is" warranty disclaimer. Neither the original contributing author nor any other contributors are liable for any damages.

    License Termination for Breach:
  • MIT: No explicit termination mechanism.

  • Blue Oak: Includes the Excuse clause - if you do not comply within 30 days of being notified, your license ends immediately.

    Acceptance Clause:
  • MIT: Does not include any explicit requirement about acting in accordance with the license rules; users are expected to follow the copyright notice, but no structured condition exists.

  • Blue Oak: Users must not intentionally do anything that violates the license rules. This built-in good-faith requirement helps ensure compliance and can affect license continuation under the Excuse clause.

    Plain-language clarity:
  • MIT: Very short; legal wording may be ambiguous.

  • Blue Oak: Written in plain, modern English; easier for developers and organizations to understand.

Permissive License Behavior

1. Relicensing

  • User does not need to add code to relicense: they can take Blue Oak code as-is and distribute it under a different license (e.g., GPL).

  • User can add code and relicense the resulting derivative work under a different license.

  • User can modify the original code and relicense the resulting derivative work under a different license.

  • This is legally allowed - it's a core feature of permissive licenses like Blue Oak, MIT, BSD (2-Clause & 3-Clause), Apache 2.0 and others.

  • The only thing you normally can’t do is claim that the original author released their contribution under your new license (see copyright notice preservation below).

2. Copyright Notices

  • The third party cannot remove the original author's copyright notice; Blue Oak requires that the original copyright be preserved.

3. Original License Remains

  • The third party cannot retroactively restrict use of the original code.

  • The original code remains available under the original license, such as Blue Oak, so it can still be used under the original permissive terms.
MIT vs Blue Oak (an AI summary)
Edited and reworked by 640kb.neocities.org
Version 1.2 - 25 Nov 2025
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