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From "Roy T. Fielding" <field...@gbiv.com>
Subject Re: Proposal: Disclosure of patents by Apache projects
Date Tue, 02 Jun 2015 17:42:57 GMT
> On May 31, 2015, at 3:20 PM, Lawrence Rosen <lrosen@rosenlaw.com> wrote:
> 
> [Responses to three board members in one email.  :-)  ]
>  
> Greg Stein wrote:
> > 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.
>  
> Nobody is concerned about "random claims of infringement from random developers." Or
rather, "if you are concerned about such a claim, then say so in the NOTICE file. If not,
move it to the trash." Nothing more is required from ASF or its members and contributors.
I would ask only for open disclosure within Apache projects of patents that seem interesting
to the project PMC itself. 
>  
> There is no risk to ASF from such disclosure. Under ALv2, disclosures of potentially
relevant patents come with no warranties from ASF. 

ALv2 covers our software products, not our disclosures. We are just as liable for our statements
as any human being, and any statement we might make is evidentiary for both us and our downstream
recipients.

>  ASF offers *NO* judgements of importance or relevance about patents. None of us is qualified
for that.

I don't understand why you keep saying that. Many of us are qualified when supplied with the
complete patent history and definition of terms. A few are even allowed to do so by their
employers (or lack thereof).

> I know that we're not stupid here. All I'm suggesting is that we document our intelligence
in our NOTICE file so that our customers can verify it for themselves if they want to.

I suggest that would be stupid and non-productive, since it would only benefit and encourage
trolls. In any case, doing so would never happen in the NOTICE file, which contains notices
that are a binding part of our copyright license (i.e., NOTICE has nothing to do with patents,
known or not).

....Roy
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