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From David Grünbaum <dv.grunb...@gmail.com>
Subject Re: Patents and contributions in Contributor License Agreement
Date Tue, 03 May 2011 18:42:03 GMT
Since many of these provisions never have been tried in court it is difficult to know how a
court would interpret them. Is there any good sources where one could read more about in depth
interpretations of different Open Source licenses? I have read Lawrence Rosen's book but he
doesn't go into depth on every claus in the agreements. 

/David 

3 maj 2011 kl. 19.55 skrev William A. Rowe Jr.:

> On 5/3/2011 12:31 PM, Doug Cutting wrote:
>> On 05/03/2011 12:35 AM, David Grünbaum wrote:
>>> How would you interpret the situation where a contribution only
>>> covers parts of a patent claim? Would that still grant a license?
>> 
>> As far as I know, there's no such thing as partial infringement.  If the
>> work doesn't fully implement a contributor's patent claim either before
>> or after the contribution, and the contribution doesn't implement one
>> independently, then I do not believe a free license must be granted by
>> the contributor.
> 
> Keep in mind patents are built upon claims.  It's easy to infringe just
> a subset of the relevant claims, it isn't necessary to infringe each and
> every claim to intersect with a patent.
> 
> The concept of 'necessary infringement' plays in here... you can't commit
> code which implements claim three of your patent, leaving claims one and
> two for others to code and commit, and expect that the first two claims
> are unnecessary elements of the patent license your commit had granted.
> 
>> [Note: I am not a lawyer.  This is not legal advice.  I do not speak for
>> the ASF in this message. This is just some guy on the internet telling
>> you what he thinks.  If you need legal advice, hire an attorney.]
> 
> Ditto!
> 
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