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From Richard Eckart de Castilho <...@apache.org>
Subject Re: Error in Apache 2.0 License
Date Fri, 10 Apr 2015 06:37:08 GMT
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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