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From Jim Jagielski <...@jaguNET.com>
Subject Re: Proposal: Disclosure of patents by Apache projects
Date Wed, 03 Jun 2015 12:25:40 GMT

> 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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