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From Arnoud Engelfriet <>
Subject Re: Software patent clause in proposed Apache v.2.0 License
Date Thu, 13 Nov 2003 21:06:27 GMT
Noel J. Bergman wrote:
>    5. Reciprocity. If You institute patent litigation against any entity
>       (including a cross-claim or counterclaim in a lawsuit) alleging that a
> Contribution and/or the Work, without modification (other than
> modifications that are Contribution(s)), constitutes direct or 	contributory
> patent infringement, then any patent licenses granted to 	You under this
> License for that Contribution or such Work shall 		terminate as of the date
> such litigation is filed.

My apologies, it appears I only looked at the old version
and missed this update. 

> Do you concur, after you re-read her message?

The above clause essentially says that you may not sue anyone
for patent infringement regarding the work or any contribution
thereto. The clause I talked about was much broader and talked
about asserting _any_ patent "applicable to software". 

I don't think anyone has a problem with the above clause.


Arnoud Engelfriet, Dutch patent attorney - Speaking only for myself
Patents, copyright and IPR explained for techies:

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