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From Sam Ruby <ru...@intertwingly.net>
Subject Re: Proposal: Disclosure of patents by Apache projects
Date Thu, 04 Jun 2015 21:07:38 GMT
On Thu, Jun 4, 2015 at 3:39 PM, Lawrence Rosen <lrosen@rosenlaw.com> wrote:
> Sam Ruby asked:
>> Consider the following: if I encounter a problem in Tomcat, JetSpeed, Axis
>> or other project which has been solved in Geronimo, should I be able to
>> incorporate code from Geronimo into my project?  Note that Tomcat, et. Al
>> are not implementations of J2EE.
>
> If we have good reason to believe that the code in Geronimo is directly related to a
patent claim for which we have a FOSS license (of some sort), then I'd probably feel comfortable
incorporating that portion of Geronimo *along with a NOTICE file* in Tomcat, JetSpeed, or
Axis. Wouldn't you?

First, that's not the case we are discussing here.  Sun at the time
both declined to identify the patents and did not offer a FOSS
license.

Second, that's not the question Rob was asking.  If there were a
patent, and it read on code that did A, B, and C, and Sun were to
offer us a license conditional on us doing A, B, C, and D (where D is
be a full implementation of the relevant specification), then Tomcat
couldn't pick up the code for A, B, and C without also being a full
implementation of the J2EE specification.

Ultimately, we held firm on both the requirement to not include a
Notice, and Sun dropped that requirement.

- Sam Ruby

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