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From Geir Magnusson Jr. <ge...@apache.org>
Subject Apache License : grant of patent license and derivative works
Date Tue, 29 Mar 2005 20:20:04 GMT
We have been having a discussion elsewhere on patents and open source, 
and the following is not clear to me.  The Apache License says in 
section 3 "Grant of Patent License"  :

Subject to the terms and conditions of this License, each
Contributor hereby grants to You a ... 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 such
Contributor that are necessarily infringed by their
Contribution(s) alone or by combination of their
Contribution(s) with the Work to which such
Contribution(s) was submitted.


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.

In other words, my derivative work is potentially encumbered by the 
patent for which a license was granted to the original work.

geir




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


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