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From "Kevan Miller (JIRA)" <j...@apache.org>
Subject [jira] [Commented] (LEGAL-158) patent grant scope: FAQ 3 is confusing or just plain wrong.
Date Thu, 07 Feb 2013 16:17:13 GMT

    [ https://issues.apache.org/jira/browse/LEGAL-158?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=13573634#comment-13573634

Kevan Miller commented on LEGAL-158:

As I understand things...

The first sentence identifies the scope of the contribution as applied to a patent claim.
If you contribute code to Apache product 'A', only patent claims for your contribution *and*
product 'A' apply. If your contribution to product 'A' in combination with a different Apache
product (e.g. product 'B') can be read against a patent claim, Apache's Grant of Patent License
would not apply.

The last sentence identifies the scope of the Grant of Patent License once it has been applied
to a patent claim. If your contribution + Apache product 'A' applies to a patent claim, it
is licensed to *any* Apache software product. 

> patent grant scope:  FAQ 3 is confusing or just plain wrong.
> ------------------------------------------------------------
>                 Key: LEGAL-158
>                 URL: https://issues.apache.org/jira/browse/LEGAL-158
>             Project: Legal Discuss
>          Issue Type: Question
>            Reporter: barry freedman
> In the license and distribution FAQ (www.apache.org/foundation/license-faq.html) , question
and answer 3 currently states:
> ***
> 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.
> ***
> The FIRST sentence correctly states that the license applies "to the specific Apache
product to which you contributed".
> The LAST sentence appears to say something different:  it refers to "any Apache software
product whatsoever".
> Please clarify or remove this inconsistency.  Thx.   

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