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From Ted Dunning <ted.dunn...@gmail.com>
Subject Re: Error in Apache 2.0 License
Date Thu, 09 Apr 2015 21:22:58 GMT
I am typically quite hesitant to contradict Greg on anything, but there is
a patent grant section in the Apache license.

What Greg says is literally correct however, in that the Apache Software
License as an agreement between Apache Software Foundation and the user
only grants a copyright.

But section 3 notifies the user that there is a patent grant from all of
the contributors to Apache software.  This is one of the most important
aspects of the Apache license.  As Madeleine correctly intimated and Greg
amplified you need both a right to copy and a right to use to have open
software.  The Apache license grants the right to copy and tells you about
the right to use that you already have received by virtue of contributors
contributing software under their contributor agreement.

So the Apache licensing scheme does cover both  right to copy and right to
use.



On Thu, Apr 9, 2015 at 3:45 AM, Greg Stein <gstein@gmail.com> wrote:

> [ moving to legal-discuss@apache; bcc: original list ]
>
> Madeleine: the Apache License is a *copyright* license. That only deals
> with making copies, derivations, and several other rights, under US
> copyright law[1]. These laws do not impinge on your *use* of the software,
> once you've obtained a copy of the software under the provided license.
>
> *Use* of the software can only be limited via contract law. (though I can
> imagine a scenario where people attempt to limit use under the "public
> performance" and "public display" rights given by copyright law; I believe
> the AGPL is trying this, but the Apache License certainly does not)
>
> I have redirected your query to the legal-discuss@apache.org mailing
> list. The people here can correct my first-response, and provide answers to
> any further questions you may have.
>
> Cheers,
> -g
>
> [1] http://en.wikipedia.org/wiki/Copyright_law_of_the_United_States
>
> On Wed, Apr 8, 2015 at 9:41 PM, Madeleine Doan <madeleinedoan144@gmail.com
> > wrote:
>
>> Hello,
>>
>> I noticed when reading the Apache 2.0 License Agreement that in Section 2
>> it read:
>>
>> *"2. Grant of Copyright License. Subject to the terms and conditions of
>> this License, each Contributor hereby grants to You a perpetual, worldwide,
>> non-exclusive, no-charge, royalty-free, irrevocable copyright license to
>> reproduce, prepare Derivative Works of, publicly display, publicly perform,
>> sublicense, and distribute the Work and such Derivative Works in Source or
>> Object form."*
>>
>> I noticed that unlike Section 3 (which gives permissions to use the
>> patented parts of the software), Section 2 gives the permissions for just
>> about everything but the actual *use* of the software under the
>> *copyright* license grant. This could cause trouble for the actual end
>> user of the software.
>>
>> Could someone please fix this mistake?
>>
>> Here is the link to the License:
>>
>> https://www.apache.org/licenses/LICENSE-2.0.html
>>
>> I've elaborated more upon the subject here on my personal blog:
>>
>>
>> http://madeleinedsblogs.wix.com/productivewastedtime#!possible-mishap-in-apaches-2-license/cu6f
>>
>> My email address is madeleinedoan144@gmail.com
>> Thank you and have a nice day,
>> Madeleine
>>
>> *Disclaimer:
>> Madeleine Doan does *NOT* make any warranties, does not ensure the
>> accuracy of information, and disclaims all liabilities arising from (but is
>> not limited to) her writings, suggestions, recommendations, information and
>> accuracy. This is for informational purposes ONLY and is NOT meant to be
>> legal advice in any way.
>>
>
>

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