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From "Geir Magnusson Jr." <g...@pobox.com>
Subject Re: Open Source, Patents and "Patent Exhaustion"
Date Fri, 11 Apr 2008 08:32:18 GMT

On Apr 11, 2008, at 1:12 AM, Roy T. Fielding wrote:
>>
> Geir has been questioning the difference between the CLA text and  
> the AL
> text, even though his examples are all cases where the ASF would  
> require
> a CLA. *shrug*

I haven't been questioning - I've just been pointing it out.

>  He is not paying attention to the definition of Work in
> the Apache License.  He is ignoring the fact that the license comes  
> from
> the patent owner, not the ASF, and that the Apache License is not a
> conduit for patent rights other than by virtue of the behavior of the
> patent owner in contributing some patented claims under the terms of
> a license that explicitly permits the normally-monopolized rights.

Roy, I think you have most of those exactly backwards, and I think  
that everyone would be well served - including myself - if you'd back  
up those assertions.

1) I've been quoting the definition of Work in the Apache License.   
For the purpose of this discussion, my understanding is that the Work  
from the perspective of the AL is the software you receive under the AL.

2) I keep *reminding* people that the patent license comes form the  
patent owner, not the ASF.  I'd love to see a counterexample.

3) As for the second half of the second sentence, again, please point  
out where I indicate otherwise.

THanks

geir


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