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From "Lawrence Rosen" <lro...@rosenlaw.com>
Subject RE: What are the legal protections that the Foundation offers to committers and users?
Date Wed, 27 Feb 2013 17:53:18 GMT
Benson Margulies asked:
> "I'm a small company. If I use an Apache product, and some entity shows up and sues me
for copyright, patent, or trade secret infringement, based on a claim that their IP was inappropriately
incorporated in an Apache product, do I get any help from the Foundation? What sort of defense
do I have?"

Even if we (Apache) were to help, that wouldn't affect liability of the small company for
any actual infringement. The company is still potentially liable under the Copyright Act.

Also, our license expressly excludes all warranties. We promise no defense (but we're probably
going to be helpful in some as-yet-undefined ways). 

There are lots of potential defenses. Why hypothesize with so few facts?

/Larry

Lawrence Rosen
Rosenlaw & Einschlag, a technology law firm (www.rosenlaw.com)
3001 King Ranch Rd., Ukiah, CA 95482
Office: 707-485-1242
Linkedin profile: http://linkd.in/XXpHyu 


-----Original Message-----
From: Benson Margulies [mailto:bimargulies@gmail.com] 
Sent: Wednesday, February 27, 2013 7:40 AM
To: legal-discuss@apache.org
Subject: What are the legal protections that the Foundation offers to committers and users?

For a talk Hadrian Z and I are giving tomorrow, I realized that I'd be better prepared if
I actually had a concise outline in my head of the answers to the questions in the subject
line.

I'm imaging trying to answer this question from the audience:

"I'm a small company. If I use an Apache product, and some entity shows up and sues me for
copyright, patent, or trade secret infringement, based on a claim that their IP was inappropriately
incorporated in an Apache product, do I get any help from the Foundation? What sort of defense
do I have?"

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