www-legal-discuss mailing list archives

Site index · List index
Message view « Date » · « Thread »
Top « Date » · « Thread »
From "Geir Magnusson Jr." <ge...@apache.org>
Subject Re: Derby/Cloudscape Patent
Date Thu, 23 Jun 2005 15:32:19 GMT

On Jun 23, 2005, at 10:58 AM, Jeffrey Thompson wrote:

>
>
> "Geir Magnusson Jr." <geirm@apache.org> wrote on 06/23/2005  
> 06:13:06 AM:
>
> >
> > On Jun 22, 2005, at 10:56 PM, Davanum Srinivas wrote:
> >
> > > Why should we hold Verisign to one standard (for TSIK, Justin  
> told me
> > > that we should get an explicit grant) and one for IBM? Why not  
> get an
> > > explicit grant (or) at least an acknowledgement that this  
> patent is in
> > > "play". This is one thing i dug up. We don't know if there are  
> others.
> >
> > If I understand the facts right, and it's the case that the Derby
> > code infringes the patent, it's because IBM owns the patent that is
> > infringed by the code IBM contributed to the ASF. Therefore, as per
> > the terms of the CCLA/SG and the AL, they implicitly are granting
> > patent licenses to any recipient of that codebase.
>
> One correction, the patent grant by IBM wasn't implicit, it was  
> EXPLICIT.  The Contribution Agreement for Derby says:
>
> "Subject to the terms and conditions of this Agreement, You hereby  
> 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) were  
> submitted. . . . "
>
> To the extent that that patent is infringed by the code and  
> licensable by IBM, Apache and all who receive that code are licensed.
>

Ok.

> <snip>
> >
> > >
> > > <rant ignore="on">
> > > On a related note, i have spent a lot of time searching for the  
> IBM
> > > patents for WS-Security and still haven't found it. It's  
> ridiculous
> > > for Apache to have to sign a license agreement for OASIS WS- 
> Security
> > > specification (see http://www.ibm.com/ibm/licensing/977Q/ 
> 2112.shtml)
> > > when there is *NO* public information either or IBM site or  
> MSFT site
> > > or Verisign site about which patents they have that Apache will
> > > infringe by implementing WS-Security. Even the license PDF does  
> not
> > > mention any specific patents. This is just driving me nuts. At  
> least
> > > verisign is willing to donate code (TSIK) and would consider  
> granting
> > > licenses for their IP. Am getting the run around from IBM and MSFT
> > > folks on the OASIS WSS mailing list (some public/some private).  
> For
> > > godsakes, they threw me out of the mailing list on a technicality.
> > > </rant>
> > >
> >
> > I have no advice or comment other than noting that "this situation
> > sucks", which is just a summary of the <rant/> paragraph above.
> >
> At the time that WS-Security was submitted to OASIS, OASIS had not  
> yet adopted a formal RF process.  The good news was that the  
> commitments made by the authors of WS-Security were much more than  
> was required by OASIS.  The bad news was that the process was ad  
> hoc out of necessity.  Hopefully some of the confusion can be  
> avoided in the future.
>
> That said, and I'm sure that you've been asked this before, but I  
> don't understand something and I'm hoping that you can explain it  
> to me, are you looking for patent #s, and if so, why?

I ain't askin' for nuttin'.  :)

geir

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



---------------------------------------------------------------------
DISCLAIMER: Discussions on this list are informational and educational
only, are not privileged and do not constitute legal advice.
---------------------------------------------------------------------
To unsubscribe, e-mail: legal-discuss-unsubscribe@apache.org
For additional commands, e-mail: legal-discuss-help@apache.org


Mime
View raw message