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From Sam Ruby <ru...@intertwingly.net>
Subject Re: Proposal: Disclosure of patents by Apache projects
Date Wed, 03 Jun 2015 06:40:46 GMT
On Wed, Jun 3, 2015 at 1:03 AM, William A Rowe Jr <wrowe@rowe-clan.net> wrote:
> On Tue, Jun 2, 2015 at 9:03 PM, Greg Stein <gstein@gmail.com> wrote:
>>
>> On Tue, Jun 2, 2015 at 5:51 PM, Lawrence Rosen <lrosen@rosenlaw.com>
>> wrote:
>> >...
>>>
>>> When an Apache project purposely infringes an actual patent that we have
>>> a FOSS license to, it would be polite to say something like:
>>
>>
>> Pure hypothetical. We don't, so this "solution" is premature. We don't
>> know the characteristics of any patents in our products, nor we do know what
>> the holders/owners want to do about it.
>>
>> There are way too many variables, making this hypothetical Q&A just so
>> many unwanted bits in the ether. We don't have an actual question/situation,
>> so this speculation of what we would do is ... speculation.
>
> Calm down, deep breaths everyone.
>
> An incoming project I'm mentoring has - and the custodians and authors
> and IP holders are conveying - certain applicable patents.
>
> Untested patents, yes.  I believe they should be described throughout
> any ASF vehicles as "patent claims", not purely patents.  Could be
> broken.  Might never be broken.  All that aside...
>
> In any case, patents No. X, Y, Z and Q are being passed on through
> the AL 2.0 language, and my question is how to reassure anyone who
> is reviewing the provenance of the code in question that, yes, these
> specific patents are known of and were conveyed to the licensee?

This is exactly why we have counsel available to VP of Legal Affairs.

- Sam Ruby

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