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From "Lawrence Rosen" <lro...@rosenlaw.com>
Subject RE: Apache License : grant of patent license and derivative works
Date Thu, 31 Mar 2005 03:48:38 GMT
> >Is it possible for someone to re-phrase this?? I can't understand it.

I didn't write the Apache license and I'm not a great fan of the wording of
its patent grant. But here's what I think it means, and here's how the
OSL/AFL licenses state what I thought was the same concept:

   2) Grant of Patent License. Licensor hereby grants You 
   a world-wide, royalty-free, non-exclusive, perpetual, 
   sublicenseable license, under patent claims owned or 
   controlled by the Licensor that are embodied in the 
   Original Work as furnished by the Licensor, to make, 
   use, sell and offer for sale the Original Work and 
   Derivative Works.

If this does NOT have the same effect as the Apache license, I'd appreciate
an explanation of how it differs.

/Larry

Lawrence Rosen
Rosenlaw & Einschlag, technology law offices (www.rosenlaw.com)
3001 King Ranch Road, Ukiah, CA 95482
707-485-1242  ●  fax: 707-485-1243
Author of “Open Source Licensing: Software Freedom 
               and Intellectual Property Law” (Prentice Hall 2004)
 

> -----Original Message-----
> From: William A. Rowe, Jr. [mailto:wrowe@rowe-clan.net]
> Sent: Wednesday, March 30, 2005 7:31 PM
> To: Niclas Hedhman
> Cc: legal-discuss@apache.org
> Subject: Re: Apache License : grant of patent license and derivative works
> 
> At 09:19 PM 3/30/2005, Niclas Hedhman wrote:
> >On Wednesday 30 March 2005 22:42, Jeffrey Thompson wrote:
> >> What someone can't do is take your code that you contributed to the
> http
> >> project, move it to the ftp project, then claim that since there is a
> >> patent claim infringed by the combination of your contribution with the
> ftp
> >> project that wasn't infringed by the combination of your contribution
> to
> >> the http project that the new patent claim is somehow licensed.
> >
> >Is it possible for someone to re-phrase this?? I can't understand it.
> 
> Yes.  It helps if you don't equate a patent with code.
> 
> Let's say I have a patent on the idea of burning wood in a metal
> stove.  I design a stovepipe to carry the soot out of the building.
> I add doors to keep the fire contained, and some vents to allow the
> draft to carry from the bottom of the furnace through the flue.
> Both the stove, and the flat surface on top can be used for heating
> and cooking.  (An actual patent by B. Franklin, if you ever feel
> inclined to argue that our founding fathers didn't believe in IP
> protection :)
> 
> You want to mass produce such stoves, and I grant you a license
> to reproduce my stove design for $1 per stove sold.
> 
> One odd claim in my patent is for the design of the flue.  Lets
> say you adopt the concept to a coal burning heater furnace.  It
> doesn't have other characteristics, but it has the same essential
> flue and vent designed described in the original patent.
> 
> First, you might assume you don't have to pay royalties, but it's
> pretty obvious, as one of the claims, that you have to.  So you
> send me a check for $100 for the 100 furnaces sold.
> 
> I have every right to claim that I granted the rights for you to
> produce stoves under my license.  Not furnaces.  I insist on $5
> per furnace.
> 
> Remember, the patent consists of several claims, and patents in
> our case describe methods, not specific code.  You can change the
> code, and still be violating the patent.  Change the logic, or the
> results, and you may have code that doesn't collide with the patent.
> 
> IANAL - but that's been my understanding for years.
> 
> Bill
> 
> 
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