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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 02:31:15 GMT
On Apr 3, 2008, at 7:08 PM, Geir Magnusson Jr. wrote:
> On Apr 3, 2008, at 9:41 PM, Roy T. Fielding wrote:
>> 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  
>> license
>> that covers all patent monopolizing activities, including making  
>> and selling
>> covered Works to others.
> Why do you use the phrase "covered Works"?  Why wouldn't you say  
> "any software that infringes on the patent claims"?

Because that's not what the AL says and you are asking about a non-CLA

> Do users of the Apache Harmony project have a license to patent  
> claims that happen to also infringed by the OpenJDK project as  
> that's under the GPL?

Is it?  I don't think so.  In any case, GPLv2 has no patent licensing  
than implied patents, and Sun doesn't break the GPLv2 if it sues on the
basis of "give us your money *or* distribute as GPLv2".  That's  
because GPLv2
is not an open license (it is a limited license).

> In that case, since users receive those licenses by means of a  
> mechanism independent of the licensing of Apache Harmony - if I  
> understand you correctly, they are available as a direct  
> consequence of Sun placing the RI under the GPL - is it even  
> possible for Apache or Sun to now place constraints on the licenses  
> to those patent claims?

Only the patent owner can place constraints (not us) and I refuse to  
what Sun will do next.


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