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Reply-To: <lrosen@rosenlaw.com>
From: "Lawrence Rosen" <lrosen@rosenlaw.com>
To: <legal-discuss@apache.org>
Subject: RE: Apache License : grant of patent license and derivative    works
Date: Sun, 3 Apr 2005 21:07:34 -0700
Organization: Rosenlaw & Einschlag
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In-Reply-To: <200504041105.49334.niclas@apache.org>
Message-ID: <20050404000736.GA32750@mail26c.sbc-webhosting.com>

Niclas Hedhman asked:
> What is the reasoning behind "to that software" and not "to all ASF
> software" ?? After all, there isn't many organizations in the world that
> is
> free of ASF software, which would make a great deterent...

The theory is that the licensee knows, when he in-licenses software, that he
better not assert that *that software* infringes his patents. He can compare
the value of *that software* to the value of *his patents infringed by that
software*. There would be no easy way to assess the risk if it applied to
*any ASF software* including software he doesn't even use. He might conclude
that it is better to avoid ASF software entirely.

But you're right.... If you want the strongest deterrent, that's what you
would do. I believe, however, that tying things to the particular software
is a reasonable compromise between "ruthlessness" and "toothlessness."

/Larry Rosen

> -----Original Message-----
> From: Niclas Hedhman [mailto:niclas@apache.org]
> Sent: Sunday, April 03, 2005 8:06 PM
> To: legal-discuss@apache.org
> Subject: Re: Apache License : grant of patent license and derivative works
> 
> On Monday 04 April 2005 09:59, Lawrence Rosen wrote:
> > The entire license to that software, both copyright and patent grants,
> > should terminate.
> 
> What is the reasoning behind "to that software" and not "to all ASF
> software" ?? After all, there isn't many organizations in the world that
> is
> free of ASF software, which would make a great deterent...
> 
> Cheers
> Niclas


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