www-legal-discuss mailing list archives

Site index · List index
Message view « Date » · « Thread »
Top « Date » · « Thread »
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
Contribution")

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
infringes.

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

---------------------------------------------------------------------
DISCLAIMER: Discussions on this list are informational and educational
only.  Statements made on this list are not privileged, do not
constitute legal advice, and do not necessarily reflect the opinions
and policies of the ASF.  See <http://www.apache.org/licenses/> for
official ASF policies and documents.
---------------------------------------------------------------------
To unsubscribe, e-mail: legal-discuss-unsubscribe@apache.org
For additional commands, e-mail: legal-discuss-help@apache.org


Mime
View raw message