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From "Robert Burrell Donkin (Commented) (JIRA)" <j...@apache.org>
Subject [jira] [Commented] (LEGAL-103) Misinterpretations of sentences inf the CCLA (and ICLA)
Date Sun, 30 Oct 2011 11:27:32 GMT

    [ https://issues.apache.org/jira/browse/LEGAL-103?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=13139591#comment-13139591

Robert Burrell Donkin commented on LEGAL-103:

Hi Alain

Thanks for your feedback on the CCLA

I'm not comfortable speculating here about the way a court may interpret the CCLA. (So I won't.)

> Misinterpretations of sentences inf the CCLA (and ICLA)
> -------------------------------------------------------
>                 Key: LEGAL-103
>                 URL: https://issues.apache.org/jira/browse/LEGAL-103
>             Project: Legal Discuss
>          Issue Type: Question
>            Reporter: Alain Pubert
> I have 3 remarks on the corporate contributor license agreements with the ASF (version
> In Article 1: there is a discrepancy between what is meant to be Schedule B in article
1 and title of Schedule B. Which one is the correct one?
> In Article 3, 1st sentence: the end of this sentence from "where such license applies
(...)" to "(...) Contribution(s) were submitted" is not clear at all. Does this part of the
sentence means that if our Contribution or Work infringes a patent, then we are liable for
such infringement? In addition, "patent claims licensable" should be defined more clearly.
> In Article 3, second (last) sentence: it seems that there is a mistake in using "entity"
in the second part of the sentence. I understand that it should read "then any patent licenses
granted to t_he Foundation_ /(and not that entity) /under this Agreement for that Contribution
or Work shall terminate as of the date of such litigation is filed".
> It seems that these points could be misinterpreted by the courts in the event of trial.
> Should we not adjust the text of the agreement to remove this ambiguity?
> Can someone enlighten me?

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