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From Louis Suárez-Potts <lui...@gmail.com>
Subject Re: Proposal: Disclosure of patents by Apache projects
Date Thu, 04 Jun 2015 01:18:09 GMT

> On 03 Jun 2015, at 21:05, Lawrence Rosen <lrosen@rosenlaw.com> wrote:
> 
> Louis Suárez-Potts asked:
> Perhaps I missed something. Has there been a case or similar occasion that would cause
us (ASF, that is) to assert more plainly than is now done patent contributions?
> 
> Not an on-point case that I'm aware of other than the reasons I previously cited here
(copied below).
> 
> But the patent law in the US is evolving. Just within the past week on this list I quoted
two very recent cases, one from the U.S. Supreme Court and one from the CAFC, that reflect
a different law for inducing patent infringement (what ASF does all the time, presumably under
license!!!) than what was in effect when ASF was a babe. That's what ASF and our direct downstream
distributors are now facing: A possibility of inducing infringement through willful blindness
merely by pretending that patents don't affect us.

Indeed; and this is even without consideration of whatever TISA/TTP and etc., might harbour.
Which is to say that though I have found this discussion to be interesting, in the absence
of specific decisions, I had to wonder about what was *not* being written.

> 
> Nor is ASF any longer a babe. When one of the primary ASF projects, AOO, delivers software
to over a hundred million users around the world, I assume that a grown up like you is professional
and diligent with respect to IP, including patents.

Of course. But I’m also aware that law being what it is and not being always as one would
want it to be around the world (i.e., it’s not uniform in letter or spirit), that there’s
always the unexpected. More materially, from my perspective, I’m interested in seeing that
the processes of community collaboration are carried out as desired—and promised.
> 
> But hey, ASF has no money to sue for and I'm not ASF's attorney. :-)  The issue is primarily
one for our downstream distributors to pay their own lawyers to advise them. I assume they
are doing that right now, which is why they are reluctant to speak up here.
> 
> /Larry
> 
best
louis

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