Mailing-List: contact legal-discuss-help@apache.org; run by ezmlm
Precedence: bulk
Received-SPF: neutral (herse.apache.org: local policy)
Cc: Cliff Schmidt <cliffs@apache.org>,
        Legal Discuss <legal-discuss@apache.org>
Message-Id: <1BD439FA-F272-4944-950F-2968904DB5AB@wsanchez.net>
From: =?ISO-8859-1?Q?Wilfredo_S=E1nchez_Vega?= <wsanchez@wsanchez.net>
To: "William A. Rowe, Jr." <wrowe@rowe-clan.net>
In-Reply-To: <45DB4B88.4090804@rowe-clan.net>
Content-Type: text/plain; charset=ISO-8859-1; format=flowed; delsp=yes
Mime-Version: 1.0 (Apple Message framework v863)
Subject: Re: FAQs on the CLA
Content-Transfer-Encoding: quoted-printable
Date: Tue, 20 Feb 2007 11:53:31 -0800
References: <3EB11707-6E86-4266-A5B8-ED3E8EF51C2E@apache.org>
 <F5C47680-A302-46C8-9C93-7A6281BF26F4@wsanchez.net>
 <45DB4B88.4090804@rowe-clan.net>

On Feb 20, 2007, at 11:27 AM, William A. Rowe, Jr. wrote:

> Wilfredo S=E1nchez Vega wrote:
>>
>>> Q2: If at any time after my contribution, I am able to license other
>>> patent claims that would have been subject to Apache's Grant of =20
>>> Patent
>>> License if they were licenseable by me at the time of my =20
>>> contribution,
>>> do those other claims become subject to the Grant of Patent License?
>>>
>>> A2. Yes
>>
>>   I have a really hard time reading the question.  =20
>> If...that...if...do?
>> You hurt my head.
>
> You commit feature X.  Six months later, you patent X.  Yes, your =20
> commit is
> subject to the patent grant.

   Yeah.  This I agree with.  But I don't think that Q2 says that.  =20
The main problem is "able to license" could mean "able to grant =20
licenses" or could mean "able to obtain licenses", and that lends to =20
pretty different interpretations.

   It's important that FAQs be unambiguous, because what we say about =20=

the license and its terms can be used in court as well as the license =20=

itself.

   How about:

   Q2: If I contribute to a Work and later obtain a patent that =20
contains claims which are exercised by the contribution, do those =20
other claims become subject to the Grant of Patent License?

	-wsv


---------------------------------------------------------------------
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