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From "Sam Ruby (Commented) (JIRA)" <j...@apache.org>
Subject [jira] [Commented] (LEGAL-133) Does an Apache Project with Patents pose legal risk for its users?
Date Fri, 13 Apr 2012 17:30:22 GMT

    [ https://issues.apache.org/jira/browse/LEGAL-133?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=13253560#comment-13253560

Sam Ruby commented on LEGAL-133:

> It bothers me that Apache projects don't inform our users that patents have been asserted.
A recent example of this with some Adobe patents was already answered here previously

In the case of LEGAL-120, Adobe hasn't asserted any specific patents, and we haven't chosen
to implement the function that might infringe on those patents, if we knew what they were.
 Given this, I am at a loss as to what we might inform our users of.

Further discussion of LEGAL-120 should occur on that JIRA item.
> Does an Apache Project with Patents pose legal risk for its users?
> ------------------------------------------------------------------
>                 Key: LEGAL-133
>                 URL: https://issues.apache.org/jira/browse/LEGAL-133
>             Project: Legal Discuss
>          Issue Type: Question
>            Reporter: Priyank Rastogi
> Company-A contributes code to Project-X under Apache License, and has patents on the
technology contributed.
> This is permitted [e.g. Citrix having patents related to CloudStack].
> Company-B now downloads Project-X, and starts using it.
> Due to business reasons, Company-B forks Project-X, and starts maintaining a private
branch with private changes [which is permissible under Apache License].
> Company-B is using the software commercially.
> Is this a patent violation?
> Note that there is no list of patents for Project-X maintained anywhere, and Company-B
is not aware of Company-A patents which it may be using in private-fork of Project-X.

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