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From Geir Magnusson Jr. <ge...@apache.org>
Subject Re: Apache License : grant of patent license and derivative works
Date Wed, 30 Mar 2005 11:24:32 GMT

On Mar 29, 2005, at 4:42 PM, Lawrence Rosen wrote:

> Geir Magnusson wrote:
>> The Apache License says in
>> section 3 "Grant of Patent License"  :
> <snip>
>> I read this to mean that if I make a derivative work, I have no reason
>> to believe that the patent license granted by the contributor to the
>> original work applies to me and my derivative work.
> I read it the same way. Not only that, but I read the patent grants in 
> all
> other open source licenses the same way. A copyright license to create
> derivative works doesn't mean you get a patent license for whatever
> derivative works strike your fancy.

Reading carefully again, I'm still confused.  I realize that there is a 
nuance noted in another message on this thread because the Apache 
License uses the term "patent claims" and I don't grok the subtly.  Is 
that a term of art for what non-lawyers would call "patents"?  I didn't 
realize that there were sub-licensable parts to a patent.

But if we can put that aside for the moment I believe that the last 
sentence means

"The copyright license to create derivative works of a work with a 
patent license doesn't mean you get that same patent license for your 
derivative works".


"The patent license granted as part of the Apache License to a Work 
doesn't apply to derivative works"


The natural question about patches and enhancements to the work in the 
project was I thought answered by Jeffrey, in that continued 
development of the Work continues to be the Work to which the patent 
license was granted.


Geir Magnusson Jr                                  +1-203-665-6437

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