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From "Roy T. Fielding" <field...@gbiv.com>
Subject Re: AL's patent license in the context of derivative works
Date Fri, 04 Apr 2008 01:41:46 GMT
On Apr 3, 2008, at 5:34 PM, Geir Magnusson Jr. wrote:
> However, I still can't see how I'm free to make different software  
> that includes some remnant of the Work, and claim that the license  
> granted to users of the Work via the Apache License apply to my  
> users as well.  It feels analogous to "making and selling copies"  
> in the physical world.  (I realize how I feel is irrelevant...)

Are you a user?  Then you have the license.  It is a comprehensive  
that covers all patent monopolizing activities, including making and  
covered Works to others.

> It just doesn't make sense to me, as this seems like contributing  
> via the Apache License is tantamount to unlimited, royalty-free  
> patent licensing (for the limited set of claims infringed by the  
> original Work that was contributed to), and if that's really the  
> case, why don't we just say that in the FAQ?

Because it would unnecessarily upset some legal counsels who are better
left out of the discussion.  The point is that contributing patented
algorithms/methods to an open source project causes said patent claims
to be openly licensed to everyone, royalty-free, on reciprocal terms.
End of story.  If you want guarantees that the wording we have will work
in practice, then you will have to sue someone in each district and see
the outcome.


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