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From Cliff Schmidt <cli...@apache.org>
Subject Re: [VOTE] Graduate Beehive into a TLP
Date Fri, 15 Jul 2005 00:14:21 GMT
On Jul 14, 2005, at 4:49 PM, Simon Kitching wrote:

> Yes the current discussion on legal-discuss is wrt wss4j, but the
> question for beehive was more general: are there any patents that have
> been explicitly granted for the use of Beehive?

This is not how the question should be asked.  The question is "Is  
anyone aware (most particularly the Beehive PPMC / Incubator PMC) of  
some patent holder claiming that Beehive may infringe on their  
patent?".  As far as I know, the answer is "definitely not".  We  
don't go out looking to see what patents some part of our projects  
could potentially be violating.

> For example, have BEA
> issued any "licenses" to Apache with respect to stuff that Beehive
> implements?

BEA signed a corporate CLA (in addition to the individual CLAs signed  
by the BEA employees working on the project).  In that CLA, the  
contributor agrees to:

  "grant to the Foundation and to
    recipients of software distributed by the Foundation 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 You that are necessarily infringed by Your
    Contribution(s) alone or by combination of Your Contribution(s)
    with the Work to which such Contribution(s) was submitted."

So, we aren't currently worried about any contributor owning patents  
that their contributions might infringe upon.  We're covered there.   
The issue with the wsss4j stuff was that the specification authors  
made it very clear that they held essential patents to the  
implementation of the specification...and some of these parties were  
not the authors of the contributed code to Apache (and did not sign a  
CLA or software grant to cover it).

Cliff

> Regards,
>
> Simon
>
> On Thu, 2005-07-14 at 16:32 -0700, Kenneth Tam wrote:
>
>> Beehive doesn't currently have any implementations of the WS-*
>> standards, including WS-Security -- the intent was to at some point
>> look to other Apache projects that were implementing those standards
>> (I don't subscribe to legal-discuss, but I presume the discussion in
>> question is wrt WSS4J?).
>>
>> On 7/14/05, Simon Kitching <skitching@apache.org> wrote:
>>
>>>
>>>
>>>> On 7/12/05, Davanum Srinivas <davanum@gmail.com> wrote:
>>>>
>>>>> Dear Incubator PMC,
>>>>>
>>>>> I believe Beehive is ready to function as a standalone PMC. Please
>>>>>
>>>> see
>>>>
>>>>> the latest status at:
>>>>> http://incubator.apache.org/projects/beehive.html
>>>>>
>>>
>>> Could someone please provide information on any patents known to  
>>> apply
>>> to this project?
>>>
>>> There has been discussion on legal-discuss@apache.org regarding the
>>> situation for WS-Security where IBM has granted patent license  
>>> for the
>>> Apache project but not to anyone who modifies the code (modifiers  
>>> of the
>>> code must apply for a patent license separately).
>>>
>>>
>>> The "legal issues" section of the beehive status page does not  
>>> address
>>> patent issues. It would be good to confirm that this situation  
>>> does not
>>> apply to Beehive.
>>>
>>> Sorry if this has already been discussed...
>>>
>>> Thanks,
>>>
>>> Simon
>>>
>>>
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>>>
>
>
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