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From "Dittert, Eric" <eric.ditt...@intel.com>
Subject RE: CCLA: "by combination" language
Date Fri, 02 Jun 2006 01:58:00 GMT

>From: Cliff Schmidt [mailto:cliffs@apache.org]
>Sent: Wednesday, May 31, 2006 3:45 PM
>It is not the case that *any* patent is eventually licensed -- only
>those patent claims necessarily infringed by the Work due in part to
>its inclusion of the Contribution.

What confuses me a bit is that the CCLA does not seem (to me) to be
clear about that qualification ("... due in part to its inclusion of the

The CCLA just says "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."  My reading of the concerns of Doug and others is that if
You have contributed A and You have a patent that is necessarily
infringed by any other part of the Work, B, then the CCLA grants a
license to that patent.  The reasoning is that if B alone necessarily
infringes, then almost certainly the combination of A and B necessarily

Cliff implies that this is not the intent, but it does seem to be a
possible interpretation.

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