www-legal-discuss mailing list archives

Site index · List index
Message view « Date » · « Thread »
Top « Date » · « Thread »
From "Priyank Rastogi (JIRA)" <j...@apache.org>
Subject [jira] [Updated] (LEGAL-133) Does an Apache Project with Patents pose legal risk for its users?
Date Wed, 26 Feb 2014 09:47:19 GMT

     [ https://issues.apache.org/jira/browse/LEGAL-133?page=com.atlassian.jira.plugin.system.issuetabpanels:all-tabpanel
]

Priyank Rastogi updated LEGAL-133:
----------------------------------

    Description: 
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 infringing upon in private-fork of Project-X.

  was:
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.


> 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 infringing upon in private-fork of Project-X.



--
This message was sent by Atlassian JIRA
(v6.1.5#6160)

---------------------------------------------------------------------
To unsubscribe, e-mail: legal-discuss-unsubscribe@apache.org
For additional commands, e-mail: legal-discuss-help@apache.org


Mime
View raw message