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From "Roy T. Fielding" <field...@gbiv.com>
Subject Re: use of LICENSE and NOTICE
Date Tue, 27 Mar 2012 08:29:43 GMT
On Mar 27, 2012, at 5:05 AM, Lawrence Rosen wrote:

> Sam, You missed the point. 
> Here's what I wrote:
>> A recently discussed example of a "restricted" patent license 
>> from Adobe is something that ought to be included in a NOTICE 
>> file even though we have concluded that this doesn't affect 
>> Apache's implementation of Adobe's claimed technology.
> I cited this as an example where we would want a NOTICE.

And Sam replied that it is not.  It is, in fact, the exact opposite of an
example of where *we* want a notice, where *we* is the ASF.  That is not
what the notice file is for.  The NOTICE file is bound by our copyright

> Whether Sebb is right or wrong in his infringement analysis is not relevant to this broader
point. I was commenting on Roy's statement of the policy when I wrote this:
>> I'll suggest once again that it would also be helpful to our 
>> licensees and customers to include all known notices about 
>> potential or asserted patent claims in the NOTICE file.
> That is what this thread was/is about. This policy statement ought to be discussed.

It has been discussed.  This idea is the moral equivalent of pointing a gun
at our user while saying that it is most likely unloaded.  It simply isn't done.
Adobe has not asked for it to be done.  The only company that has ever asked
for it to be done is Sun, and we not only refused to do so -- we exited the
entire Java community process because of it.

So, the answer to your suggestion is well known.  Sam knows that answer.
He does not need to discuss it with you or anyone else because there is
already a long history behind it and a board precedence.  We do not notify
our users that an unspecified patent might possibly be owned by some
third-party based on a theoretical reading of a patent license on a
specification that we don't even implement.  If that third-party identifies
a specific patent AND indicates that the patent might apply to our product,
then we would include information about that in a README file (assuming
we didn't kill the product outright).

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