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From Marvin Humphrey <mar...@rectangular.com>
Subject Re: Scope of AL-2 patent grant
Date Fri, 25 May 2012 19:15:01 GMT
On Fri, May 25, 2012 at 8:19 AM, CiarĂ¡n O'Riordan <ciaran@member.fsf.org> wrote:
> If I have an encryption patent which is infringed by an AL-2 licensed
> project FOO (for simplicity, it is not an ASF project), and I contribute
> some unrelated memory management code to FOO, do the users then have a
> licence to use my encryption patent?

I believe that this is addressed in the FAQ:

    http://www.apache.org/foundation/license-faq.html#PatentScope

    Q3:
        If I own or control a licensable patent and contribute code to a
        specific Apache product, which of my patent claims are subject to
        Apache's Grant of Patent License?
    A3:
        The only patent claims that are licensed to the ASF are those you own
        or have the right to license that read on your contribution or on the
        combination of your contribution with the specific Apache product to
        which you contributed as it existed at the time of your contribution.
        No additional patent claims become licensed as a result of subsequent
        combinations of your contribution with any other software. Note,
        however, that licensable patent claims include those that you acquire
        in the future, as long as they read on your original contribution as
        made at the original time. Once a patent claim is subject to Apache's
        Grant of Patent License, it is licensed under the terms of that Grant
        to the ASF and to recipients of any software distributed by the ASF
        for any Apache software product whatsoever.

> Here's the first half of AL-2 section 3:

I think for a specific interpretation of the language in the license, it would
be best to talk to a lawyer.  In general, we try to avoid translating legalese
to lay terms.

HTH,

Marvin Humphrey

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