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From "William A. Rowe, Jr." <wr...@rowe-clan.net>
Subject Re: Yahoo! DomainKeys Patent License
Date Sun, 31 Dec 2006 19:12:27 GMT
Niclas Hedhman wrote:
> On Sunday 31 December 2006 14:29, Greg Stein wrote:
>> Actually, I think that 3.1 *does* pose a problem. All downstream
>> licensees need to grant a patent license *back* to Yahoo for any
>> DomainKeys-related patents. Not good. They might not want to, and our
>> software has never "forced" such a constraint on people before.
> 
> Well, this is what I thought I said;
> 3.1 -> Licensee (i.e. ASF) must grant Yahoo! patent license.
> 3.6 -> ASF can only sublicense as long as the sublicensee agrees to 
>        this license.

If this is true, I suspect it's backwards for our purposes.

The ASF must be able to sublicense.  A restriction of OUR ability is a LIABILITY
on us.  This aspect is not acceptable.

The sub licensee must accept (or decline) the terms of the license (including
reciprocal patents, covenant not to sue or lose their license, etc).  The choice
to accept the license is in the hands of the user.

There needs to be harmonization of patent licenses, and GPL3 isn't even ready
yet.  This one really needs to go to Cliff and the board/legal-internal, as this
issue corresponds to the copyright analysis recently completed on copyright
license compatibility with the ASL and ASF's mission.

Bill

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