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From Henri Yandell <bay...@apache.org>
Subject Re: Error in Apache 2.0 License
Date Sat, 11 Apr 2015 20:36:45 GMT
To the other points though, they state that 'use' is a patent term (at
least in the US). So if there's no patent, why do you need to permit 'use'?

Hen

On Thu, Apr 9, 2015 at 11:37 PM, Richard Eckart de Castilho <rec@apache.org>
wrote:

> If I understand Madeleine's blog entry correctly, she claims that the
> "Grant of a Patent License" can only be made for sections of the work the
> are in-fact formally patented. She believes that would not cover most of
> the Apache work, since (presumably) no patents have been filed for most of
> it. Her conclusion is, that there is no express permission given to use the
> non-patented parts of the work.
>
> I guess the question is whether a "Grant of Patent License" can be issued
> on non-patented work.
>
> -- Richard
>
> On 10.04.2015, at 01:52, Smith, McCoy <mccoy.smith@intel.com> wrote:
>
> > In fact, Apache 2.0 includes an express patent license to use, as there
> is to all the enumerated patent rights under 35 USC 271(a):
> >
> >
> > 3. Grant of Patent 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 (except as stated in
> this section) patent license to make, have made, *use,* offer to sell,
> sell, import, and otherwise transfer the Work, where such license applies
> only to those patent claims licensable by such Contributor that are
> necessarily infringed by their Contribution(s) alone or by combination of
> their Contribution(s) with the Work to which such Contribution(s) was
> submitted. If You institute patent litigation against any entity (including
> a cross-claim or counterclaim in a lawsuit) alleging that the Work or a
> Contribution incorporated within the Work constitutes direct or
> contributory patent infringement, then any patent licenses granted to You
> under this License for that Work shall terminate as of the date such
> litigation is filed.
> >
> > From: Ted Dunning [mailto:ted.dunning@gmail.com]
> > Sent: Thursday, April 09, 2015 2:23 PM
> > To: legal-discuss@apache.org
> > Cc: Madeleine Doan
> > Subject: Re: Error in Apache 2.0 License
> >
> >
> > 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 purposesONLY and is NOT meant to be
> legal advice in any way.
>
>
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