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From Andy Zhu <zhuru...@huawei.com>
Subject Re: Question about Apache License 2.0
Date Thu, 22 Apr 2010 01:24:52 GMT
I got it. Thank you!

-- Andy

Henri Yandell :
> Loosely, yes.
>
> I could imagine a couple of situations that can apply that still allow
> use [non-lawyer speculation, treat with many grains of salt]:
>
> #1) There are no patents recorded in any country by a contributor to
> ABC that read on ABC.
> #2) Tom has a separate patent license for all of the patent licenses
> from the contributors to ABC, thus does not need the license granted
> by the product.
>
> Hen
>
> On Tue, Apr 20, 2010 at 11:11 PM, Andy Zhu <zhuruwei@huawei.com> wrote:
>   
>> Thanks a lot, Hen.
>>
>> Relevant text:
>> "Subject to the terms and conditions of this License, each Contributor
>> hereby grants to You a perpetual, worldwide, non-exclusive, no-charge,
>> royalty-free, irrevocable (except as stated in this section) patent license
>> to make, have made, use, offer to sell, sell, import, and otherwise transfer
>> the Work, where such license applies only to those patent claims licensable
>> by such Contributor that are necessarily infringed by their Contribution(s)
>> alone or by combination of their Contribution(s) with the Work to which such
>> Contribution(s) was submitted."
>>
>> It means Tom needs the patent licenses to use ABC, right?
>> Otherwise, what is the point of termination of the patent licenses?
>>
>> -- Andy
>>
>>
>> Henri Yandell :
>>
>> Copying relevant text:
>>
>> "If You institute patent litigation against any entity (including a
>> cross-claim or counterclaim in a lawsuit) alleging that the Work or a
>> Contribution incorporated within the Work constitutes direct or
>> contributory patent infringement, then any patent licenses granted to
>> You under this License for that Work shall terminate as of the date
>> such litigation is filed. "
>>
>> Namely, the termination is of the patent licenses granted to Tom for ABC.
>>
>> Mozilla Public License, iiuc, goes further and removes the license to
>> use ABC. I'm not aware of other licenses that go that far (well, apart
>> presumably from CDDL which is an MPL derivative).
>>
>> Hen
>>
>> 2010/4/20 Andy Zhu <zhuruwei@huawei.com>:
>>
>>
>> Hi all
>>
>> Assume that both Tom and I are users of open-source software ABC which
>> uses Apache License 2.0.
>> If someday Tom institutes patent litigation against me alleging that ABC
>> constitutes direct patent infringement, then Tom can not use ABC
>> neither, right?
>>
>> Thanks!
>>
>> -- Andy
>>
>>
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>>     
>
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