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Date: Mon, 26 Jan 2004 14:22:16 +0100
From: =?ISO-8859-1?Q?Antoine_L=E9vy-Lambert?= <antoine@antbuild.com>
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To: Ant Developers List <dev@ant.apache.org>
Subject: Re: New Apache License
References: <m3zncb5hol.fsf@bodewig.bost.de> <4014D737.3040106@antbuild.com>
 <4014EE7B.3020901@iseran.com> <4014F033.8090601@antbuild.com>
 <401511C3.7080803@iseran.com>
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Steve Loughran wrote:

>
>>>
>>>
>> Do you foresee some opposition to the new license ?
>>
>
>
> I have yet to probe. I know the lawyers were very, very, very unhappy 
> at the original draft as its patent scope was too broad:
> http://nagoya.apache.org/eyebrowse/ReadMsg?listName=license@apache.org&msgNo=49 
>
>
>
>
Hi Steve,

You are referring to this paragraph under this link 
http://nagoya.apache.org/eyebrowse/ReadMsg?listName=license@apache.org&msgNo=49  
:

"If You institute patent litigation against a Contributor with respect
to a patent applicable to software (including a cross-claim or
counterclaim in a lawsuit), then any patent licenses granted by that
Contributor to You under this License shall terminate as of the date
such litigation is filed."


This paragraph now looks like this :

http://www.apache.org/licenses/LICENSE-2.0
*
3. Grant of Patent License*. Subject to the terms and conditions of this 
License, each Contributor hereby grants to You a perpetual, worldwide, 
non-exclusive, no-charge, royalty-free, irrevocable (except as stated in 
this section) patent license to make, have made, use, offer to sell, 
sell, import, and otherwise transfer the Work, where such license 
applies only to those patent claims licensable by such Contributor that 
are necessarily infringed by their Contribution(s) alone or by 
combination of their Contribution(s) with the Work to which such 
Contribution(s) was submitted. If You institute patent litigation 
against any entity (including a cross-claim or counterclaim in a 
lawsuit) alleging that the Work or a Contribution incorporated within 
the Work constitutes direct or contributory patent infringement, then 
any patent licenses granted to You under this License for that Work 
shall terminate as of the date such litigation is filed.


The current version of this paragraph sounds more balanced to me.

Antoine

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