www-legal-discuss mailing list archives

Site index · List index
Message view « Date » · « Thread »
Top « Date » · « Thread »
From "Lawrence Rosen" <lro...@rosenlaw.com>
Subject RE: Proposal: Disclosure of patents by Apache projects
Date Fri, 22 May 2015 03:38:12 GMT
Greg Stein wrote:

> Sam may be unqualified to state a legal opinion, but he is qualified to help

> form Foundation policy based on people (such as yourself) who have the

> proper legal acumen.

 

Not what I said. He can state any legal opinion he wants. This is what Sam wrote:

 

>> If we became aware of a specific patent that appeared to be valid, 

>> enforceable, read on an Apache project, and the owner was unwilling 

>> to license that patent to us under terms that enable us to release 

>> our code under the terms of the Apache License, Version 2, then we 

>> would take appropriate action.  In extreme cases, that could include 

>> killing the product outright.  Nothing 'simple' or automatic about that.

 

Those are the things I said he (and you) are not qualified to determine. But you are entitled
to your opinions. Publish those opinions in a NOTICE file and Apache customers will take them
for what they are worth. There is certainly no willful infringement worries to ASF or our
customers if we ignore your non-attorney's opinions on validity, enforceability, infringement,
or contract terms.

 

However, there is potential patent risk to everyone if we don't disclose what we think we
know.

 

/Larry

 

 

From: Greg Stein [mailto:gstein@gmail.com] 
Sent: Thursday, May 21, 2015 7:46 PM
To: legal-discuss@apache.org; Lawrence Rosen
Subject: Re: Proposal: Disclosure of patents by Apache projects

 

On Thu, May 21, 2015 at 3:21 PM, Lawrence Rosen <lrosen@rosenlaw.com <mailto:lrosen@rosenlaw.com>
> wrote:

Sam Ruby wrote:

>... 

That proves my point. From your resume I can determine that you are unqualified to determine
any of that.

 

Sam may be unqualified to state a legal opinion, but he is qualified to help form Foundation
policy based on people (such as yourself) who have the proper legal acumen.

 

The Foundation manages risk for itself, its communities, and its downstream users. That management
is informed (not directed) by input from legal professionals. Sam is not one of them, but
he does not have to be. Same for myself and the other Directors and community members working
to formulate the best path for the Foundation.

 

Cheers,

-g

 


Mime
View raw message