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From Rich Bowen <rbo...@rcbowen.com>
Subject Re: Proposal: Disclosure of patents by Apache projects
Date Sun, 31 May 2015 21:22:21 GMT
On May 31, 2015 4:54 PM, "Greg Stein" <gstein@gmail.com> wrote:
>
>
>
> On Sun, May 31, 2015 at 12:52 PM, Lawrence Rosen <lrosen@rosenlaw.com>
wrote:
>>
>> ...
>
>
>>
>> This means that an opinion that a patent is "just plain BS, IMHO," is
not a relevant opinion at this stage of determining infringement.
>>
>>
>>
>> As for patent validity, there is nobody at Apache who is qualified to
analyze that for others. The most ASF can do is to disclose what we are
aware of in a NOTICE file and let our customers do their own analysis if
they want to.
>
>
> Aren't we similarly unqualified to determine whether we infringe? I would
say "yes", and I'm sure you would agree.
>
> Thus, to water out random claims of infringement from random developers,
we must wait until the patent holder *informs* us that we (likely)
infringe. Until the patent holder wants to assert that, then I don't think
we're qualified to make *any* judgement, including whether it is
important/relevant to provide notice.
>
>

Forgive my ignorance, but, surely, if we are aware that we infringe,
wouldn't we be compelled to rectify that situation before making another
release?

This whole conversation seems to assume that we would, at any point, make a
release while being aware of an infringement, which should never happen.

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