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From David Grünbaum <dv.grunb...@gmail.com>
Subject Re: Patents and contributions in Contributor License Agreement
Date Wed, 04 May 2011 19:33:08 GMT
As I am soon to become a lawyer I of course understand that a final interpretation of a license
must be set by a court, however for my thesis it is interesting to get different views from
different actors. At the moment I already have the corporate perspective on the licenses and
I am now interesting to know more about how the community interprets the use of patents and
patent grants.

/David

 
4 maj 2011 kl. 21.20 skrev Benson Margulies:

> It seems to me that you (David) have come to the wrong place.
> 
> The important interpretations of the license do not happen at Apache.
> They happen at all of the places where people choose to use, enhance,
> and/or contribute to Apache projects. The ASF does not supply
> interpretations of the license -- legal entities use their own legal
> resources to interpret the license and make choices. ASF people have
> no way to know what legal reasoning underpins any given person or
> corporation's decisions.
> 
> If the ASF (or some other licensor using the AL) was to ever decide to
> complain about a violation, that licensor would have to state a
> particular interpretation of the license in making the demand. Until
> then, and perhaps until a court ruled on a disagreement of
> interpretations, the license itself is the ultimate authority.
> 
> 
> On Wed, May 4, 2011 at 3:12 PM, Doug Cutting <cutting@apache.org> wrote:
>> On 05/04/2011 06:44 AM, David Grünbaum wrote:
>>> What is the most common interpretation?
>> 
>> I don't know.  To figure out what it really says you have to go to
>> court.  In the meantime, getting a lawyer to interpret it for you might
>> be useful.
>> 
>>> Does it matter if your contribution is in one file and the
>>> functionality that reads on your patents are divided in the file you
>>> contribute and another file?
>> 
>> The license speaks of the Work as an undifferentiated whole.  It may be
>> composed of a bunch of files, but how things are split into files seems
>> largely irrelevant to this.
>> 
>> Doug
>> 
>> 
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