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From "Lawrence Rosen" <lro...@rosenlaw.com>
Subject RE: IBM and Apache
Date Fri, 15 Jul 2005 17:25:20 GMT
I'm now confused. Have we somehow concluded that even though IBM sent us a
license agreement, there are actually no IBM patents for which we need
licenses? Why did IBM do that? Or are those patents covered by the broad
waiver IBM issued a few months ago? Or by the Contributor Agreement that IBM
signed (even though IBM is offering a patent license, not software)? When
did this suddenly turn into a non-issue? /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) 
   [Available also at www.rosenlaw.com/oslbook.htm]
 
 

> -----Original Message-----
> From: Davanum Srinivas [mailto:davanum@gmail.com] 
> Sent: Friday, July 15, 2005 6:08 AM
> To: Roy T. Fielding; Granqvist, Hans
> Cc: Jeffrey Thompson; legal-discuss@apache.org
> Subject: Re: IBM and Apache
> 
> Awesome!! thanks. If someone pings us with a specific patent 
> #, then we will take the next step. I will make sure we have 
> a WSS4J release ASAP and unblock TSIK incubation.
> 
> thanks,
> -- dims
> 
> On 7/15/05, Roy T. Fielding <fielding@gbiv.com> wrote:
> > On Jul 15, 2005, at 5:39 AM, Davanum Srinivas wrote:
> > 
> > > On 7/15/05, Roy T. Fielding <fielding@gbiv.com> wrote:
> > >> IBM has a set of licenses to Apache in the forms of CLAs 
> that apply 
> > >> to any project in which IBM contributes, a larger number 
> of blanket 
> > >> patent grants to any open source project (I have no idea 
> if these 
> > >> are included since no actual patents have been claimed), and a 
> > >> blanket reciprocal patent license that applies in all 
> other cases.
> > 
> > > Can you please point me to the legal documents Apache has signed 
> > > with IBM that states that we have a "blanket reciprocal patent 
> > > license". Is it in SVN? If not, can you please add it so 
> that all of 
> > > us can review it?
> > 
> > I was talking about the press release that IBM sent out 
> some time ago.
> > I have no idea what is included within it.  It should be on IBM's 
> > website somewhere.
> > 
> > > First time am hearing this. This is accurate? Is 
> WS-Security covered?
> > > Does it mean Apache does not need to sign the WS-Security license 
> > > agreement as it is already covered?
> > 
> > As far as we are concerned, IBM has no patents covering WS-Security.
> > Do you know of any?  IBM haven't claimed any that I know about.
> > Same goes for Verisign, unless they have some additional 
> claims that 
> > are published elsewhere.
> > 
> > Why is this discussion even taking place?  Why have we 
> suddenly lost 
> > all sense when it comes to dealing with patents, a topic 
> and concern 
> > that has been with us since day one of Apache?  If there is 
> a public 
> > claim and information suggesting that it applies to our 
> software, then 
> > we deal with it.  In all other cases we have no other choice but to 
> > assume that no patents apply, since ANY other action would paralyze 
> > *all* of our projects and make the ASF *more* vulnerable to 
> > infringement damages when a claim is made.
> > 
> > Furthermore, *pending* patent applications are NOT patents.
> > 
> > ....Roy
> > 
> > 
> 
> 
> --
> Davanum Srinivas -http://blogs.cocoondev.org/dims/
> 
> ---------------------------------------------------------------------
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> educational only, are not privileged and do not constitute 
> legal advice.
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