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From Shane Curcuru <...@shanecurcuru.org>
Subject Re: Proposal: Disclosure of patents by Apache projects
Date Wed, 03 Jun 2015 12:59:28 GMT
On 6/3/15 8:44 AM, Geir Magnusson Jr. wrote:
> But what's the point of any of this?  There's no reason to require Sneaky Author to enumerate
anything because via contribution via the AL, they have granted a license to anything they
have necessarily infringed by the contribution (or combined contribution and existing work)
> 
> And I as the recipient don't really care - I know that via the patent grant in the AL,
Sneaky Author can't come after me for any patents they hold (enumerated or not) that read
on the work they contributed to.
> 
> Is there a real problem we're trying to solve?

I'm not aware of any Apache project asking this question, no.  It seems
Bill might have a case related to this thread, which we can address when
it comes up.

- Shane

> 
> geir
> 
> 
>> On Jun 3, 2015, at 8:25 AM, Jim Jagielski <jim@jagunet.com> wrote:
>>
>>
>>> On Jun 3, 2015, at 6:09 AM, Geir Magnusson Jr. <geir@pobox.com> wrote:
>>>
>>>
>>> My understanding of the AL is that we don't need to be explicit.  If the author
of the code has patents that matter, they are providing a license and they can't sue you.
 
>>>
>>
>> Certainly the SGA and *CLA also provide additional "confirmation"
>> of the above; If an author wishes to list the patents, then
>> fine. We can, if we want, create a file which maintains the history and
>> heritage of that list, in a file named TO-BE-DETERMINED. However,
>> that file should have some sort of boilerplate at the top stating
>> that the ALv2 (and whatever other agreements they have signed)
>> maintains that the author has explicitly provided a patent license
>> for any patent held by that author that might be infringed by
>> said contribution and therefore the list may not be complete.
>>
>> For example, say that author has patent X, Y and Z yet is a very
>> sneaky entity. Said author provides the code and enumerates that
>> patent X and Y are granted. We do not want said author to then
>> be able to sue for patent Z. The ALv2 prevents that. And should
>> the case go to court, discovery will uncover their attempt to
>> subvert the intent.
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