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From "Geir Magnusson Jr." <ge...@apache.org>
Subject Re: [Legal] Requirements for Committers
Date Thu, 09 Jun 2005 10:33:50 GMT

On Jun 8, 2005, at 4:37 PM, Steve Blackburn wrote:

> Dalibor Topic wrote:
>
>
>> Many people don't see the need to look at non-free software in  
>> general, and chances are pretty slim that anyone I know will ever  
>> get that bored and out of reading material to accept the 'Read  
>> only' license, for an example of a very funny non-free software  
>> license.
>>
>
> I have never looked at non-free implementations, but I am  
> interested to know what this means for those of us who have  
> extensive exposure to implementations such as Kaffe (GPL) or Jikes  
> RVM (CPL).  My reading of it is that I can't work on any part of  
> Harmony for which I am tainted by my Jikes RVM exposure without  
> permission from the copyright holder of Jikes RVM.  Is that right?

I suppose that we can start thinking about some kind of exception  
that carves out exposure to any open source VM or class library (or  
something like that...)

There still are problems in terms of patent, but we have that anyway.

Here's one of the risks of current practice in patent grant, I  
think..  Suppose I have a patent, contribute code that infringes on  
that patent under the Apache License to some project Foo, and thus  
also grant Foo a patent license covering that infringement of my  
patent.  So as far as Foo and users of Foo go, all is fine.

Now you come and take that code from Foo, which is perfectly fine  
because it's an OSS project under the Apache License, and drop it  
into Harmony.  Putting aside the proposed rules for "bulk"  
contributions of repurposed code, Harmony now has a problem - we are  
a derivative work of Foo (not a problem in itself) and thus have no  
patent rights.

Hm.

I guess the solution there is that we can't take code from Foo  
without all authors being Authorized Committers, so you'd have to get  
me to agree to the contribution, under the Apache License to Harmony,  
and thus get the same patent rights?

Paging lawyers... paging lawyers.... I know you're reading this...  :)

geir

-- 
Geir Magnusson Jr                                  +1-203-665-6437
geirm@apache.org



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