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From Joe Schaefer <joe_schae...@yahoo.com>
Subject Re: Open Source, Patents and "Patent Exhaustion"
Date Thu, 10 Apr 2008 23:48:09 GMT
--- "Geir Magnusson Jr." <geir@pobox.com> wrote:

> 
> On Apr 10, 2008, at 6:33 PM, Joe Schaefer wrote:
> > --- "Geir Magnusson Jr." <geir@pobox.com> wrote:
> >
> >> We all hold dear that notion that open source
> >> requires a recipient the
> >> right to make derivative works to whatever degree
> >> they choose.
> >>
> >> However, I hope it's crystal clear now from this
> >> thread that the grant
> >> of patent license that accompanies an Apache
> product
> >> isn't necessarily guaranteed to survive an
> arbitrary
> >> number of changes to the original
> >> work to which the grant was made - or, to put it
> >> another way, any arbitrary derivative work.
> >
> > There are no guarantees no matter what the license
> > says Geir.  The question is whether or not the
> license
> > provides an adequate defense against an
> infringement
> > suit.  If I were to believe you here, the ASF
> would
> > have been better off not making the grant
> explicit,
> > and relied on implicit licensing instead.
> >
> 
> I think the explicit grant as is good.  All I'm
> saying is that the  
> fact you can't use the patent license grant for
> "pretty much whatever  
> you want" doesn't invalidate the work as open
> source.

When "pretty much whatever you want" stands for
the rights conferred by the Apache License 2.0,
which includes without limitation the right to
make and distribute derivative works, I think
it's pretty safe to conclude that even though
the patent grant in section 3 is tied to the work,
the rest of your rights are not superceded by
the limitations inherent in the patent grant
language.


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