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From William A Rowe Jr <wr...@rowe-clan.net>
Subject Re: Proposal: Disclosure of patents by Apache projects
Date Tue, 02 Jun 2015 21:44:14 GMT
On Tue, Jun 2, 2015 at 12:42 PM, Roy T. Fielding <fielding@gbiv.com> wrote:

> 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.
>

So let me ask what might be a blindingly obvious question.  A handful of
awarded patents apply to a code base submitted to the ASF, licensed under
the AL by the patent holder, patent rights are conveyed.

Do we note the specific patent numbers/titles?  If so, where?  README?
NOTICE?  PATENTS?

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