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From William A Rowe Jr <wr...@rowe-clan.net>
Subject Re: Proposal: Disclosure of patents by Apache projects
Date Wed, 03 Jun 2015 09:31:47 GMT
On Wed, Jun 3, 2015 at 4:22 AM, Geir Magnusson Jr. <geir@pobox.com> wrote:

>
> On Jun 3, 2015, at 5:14 AM, William A Rowe Jr <wrowe@rowe-clan.net> wrote:
>
> On Wed, Jun 3, 2015 at 4:09 AM, Geir Magnusson Jr. <geir@pobox.com> wrote:
>
>> As a bystander, I'm confused.
>>
>> My understanding is that the patent language in the AL is designed to
>> moot the need for this kind of discussion.
>>
>> Keeping it short, contributors provide a patent license for *any* of
>> their patents held by those contributors that would be infringed.
>>
>> Why would we even want to try to get an enumerated list correct up front
>> (and maintain it)?
>>
>> geir
>>
>
> Thanks Gier,
>
> that's exactly why I'm conflicted...
>
> we don't enumerate copyright contributions.  Why should we need to
> enumerate patent contributions?
>
> I can counter this with the fact that every commit message had better
> provide appropriate authorship attribution [although, you can't clarify
> from the commit whether the committer or their employer owns the copyright
> to the commit, granted.]
>
>
> Each contributor warrants via the ICLA that they have the right to provide
> the contribution under the Apache License.  They could be lying, but that's
> a different problem to solve.
>
>
> There is no such transparent vehicle for patents.  What would you (or
> others) suggest?
>
>
> My non-lawyer understanding is that I think there is one, and it's the
> same vehicle.  Each contributor warrants ability to contribute under the
> Apache License, which provides both copyright and patent license.
>
> Suggest for what?  The "Disclosure of patents" problem?  I don't
> understand why it is a problem at all, for us or anyone else (users, other
> FLOSS communities, etc).
>

I'm neither a lawyer nor pretending to be one.  I'm only asking about
provenance... every commit message better explain who authored the
code/claimed copyright at the time it was committed.  We do not seem to be
as good at explaining patents that coincide with said code.

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