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From Benson Margulies <bimargul...@gmail.com>
Subject Re: What are the legal protections that the Foundation offers to committers and users?
Date Wed, 27 Feb 2013 17:59:53 GMT
On Wed, Feb 27, 2013 at 9:53 AM, Lawrence Rosen <lrosen@rosenlaw.com> wrote:
> 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?

You've answered my question.

>
> /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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