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From "Cliff Schmidt" <cliffschm...@gmail.com>
Subject Re: CCLA: "by combination" language
Date Thu, 25 May 2006 03:09:25 GMT
On 5/24/06, Roy T. Fielding <fielding@gbiv.com> wrote:
> On May 24, 2006, at 2:35 PM, Cliff Schmidt wrote:
>
> > Just to be clear, you do realize that the patent license is clearly
> > only for the Apache product -- yes?  We're not talking about a
> > license for some other product that your competitor sells that
> > includes inventions that read on some patent claim of yours.
>
> Patent licenses are not attached to expressions, unlike copyright.

I hope that what I said above didn't imply such an idea.  But while
you're on the topic, I do have an issue with using copyright terms of
art like "derivative work" in a patent license.

> It is very hard to say for sure whether selling a separate product
> that contains the Apache product (even if it doesn't use it) has
> been licensed and thus the patent exhausted.  More to the point,
> we shouldn't have to care -- we want contributors to participate
> based on the understanding that contributions are made under RF terms.

I wasn't making an argument related to patent exhaustion.  I just
wanted to make sure Doug didn't think that Yahoo would be offering a
broad RF license for all inventions that read on the particular patent
claim(s) covered by their CCLA -- we're only talking about "products
owned or managed by the Foundation".  How a typical software contract
may or may not apply to the doctrine of first sale is a different
topic.

Cliff

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