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From Joe Schaefer <joe_schae...@yahoo.com>
Subject Re: AL's patent license in the context of derivative works
Date Thu, 03 Apr 2008 23:40:45 GMT

--- "Geir Magnusson Jr." <geir@pobox.com> wrote:

> Putting that aside, my question isn't about the ASF
> - I'm comfortable  
> with the notion that the project to which the
> contribution was  
> contributed to benefits from the patent grant as
> there's clarity  
> regarding the notion of Work inherent in the
> license, and if the  
> contribution was made by someone that signed the
> CLA, that any project  
> of the foundation benefits from the patent grant.
> My question is what can a third party - say Oracle
> or my brother or  
> both making sequential derivative works - depend on
> as to the patent license for whatever
> derivative work they make from the original Work.

According to the Apache License 2.0, they get a patent
license to do with pretty much as they wish.

> Imagine a non-CLA-signing Contributor that owns
> patent P makes a  
> contribution to Apache Foo such that the new Apache
> Foo reads on P.

The contributor has then submitted the contribution
under the terms and conditions of Apache License 2.0.
We therefore have from them the requisite patent
license to redistribute their contribution.

> Because of the Apache License, users  of Apache Foo
> don't have to worry about patent litigation related
> to P  by Contributor for using Apache Foo.


> Now, my bother takes Apache Foo and starts a google
> code project based  
> on it called "Bar".  Do users of Bar  have to worry
> about patent  
> litigation related to P by Contributor for using Bar
> which is a  
> derivative work of Apache Foo?

No, because we distributed the work with the requisite
patent license, and patent exahustion therefore
even if the Apache 2.0 license does not.

> Now Oracle buys Bar and includes it in "Oracle DB
> Server v578.2".     
> Can Oracle comfortably indemnify users of "Oracle DB
> Server v578.2"  
> from patent litigation related to P by Contributor
> by reason of the  
> original patent grant to Apache Foo ?

Sure, as long as Oracle doesn't trigger the patent
termination clause.

You rock. That's why Blockbuster's offering you one month of Blockbuster Total Access, No

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