www-legal-discuss mailing list archives

Site index · List index
Message view « Date » · « Thread »
Top « Date » · « Thread »
From Henri Yandell <bay...@apache.org>
Subject Re: Question about Apache License 2.0
Date Wed, 21 Apr 2010 18:47:03 GMT
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
>
>
> ---------------------------------------------------------------------
> To unsubscribe, e-mail: legal-discuss-unsubscribe@apache.org
> For additional commands, e-mail: legal-discuss-help@apache.org
>
>
>
>
> ---------------------------------------------------------------------
> To unsubscribe, e-mail: legal-discuss-unsubscribe@apache.org
> For additional commands, e-mail: legal-discuss-help@apache.org
>
>
>

---------------------------------------------------------------------
To unsubscribe, e-mail: legal-discuss-unsubscribe@apache.org
For additional commands, e-mail: legal-discuss-help@apache.org


Mime
View raw message