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From Louis Suárez-Potts <lui...@gmail.com>
Subject Re: Proposal: Disclosure of patents by Apache projects
Date Wed, 03 Jun 2015 23:27:16 GMT

> On 03 Jun 2015, at 15:21, Lawrence Rosen <lrosen@rosenlaw.com> wrote:
> 
> A great question has been asked:
> > Why should we need to enumerate patent contributions?
> 
> We own no patents and, as has repeatedly been pointed out, our ALv2 license itself already
includes a grant for use and aggregation.
> 
> There are at least three other good reasons for us to enumerate patent contributions
to ASF:
> 
> 1. A patent owner can obtain infringement damages only from the date of such a notice.
35 USC 287(a). The patent owner probably wants to have its patents enumerated to protect its
own financial interests in that patent.
> 
> 2. While certain patent claims have been licensed to ASF under a FOSS license and then
to the worldother claims in those patents or (non-derivative) independent implementations
that aren't FOSS-licensed. Take notice.
> 
> 3. This notice is ASF's defense to willful blindness or willful infringement in an inducing
patent infringement case. It asserts that we know of the patent and either (1) have a FOSS
license to it, or (2) in our early but serious view we don't believe we infringe.
> 

Larry,
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?

louis



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