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Subject: Re: Proposal: Disclosure of patents by Apache projects
From: Jim Jagielski <jim@jaguNET.com>
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Date: Wed, 3 Jun 2015 08:13:55 -0400
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To: legal-discuss@apache.org

For the sake of discussion, certainly not NOTICE, which has
a very specific function. So README or PATENTS or some other
file makes sense.

> On Jun 2, 2015, at 5:44 PM, William A Rowe Jr <wrowe@rowe-clan.net> =
wrote:
>=20
> 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:
>>=20
>> [Responses to three board members in one email.  :-)  ]
>> =20
>> 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.
>> =20
>> 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.=20
>> =20
>> There is no risk to ASF from such disclosure. Under ALv2, disclosures =
of potentially relevant patents come with no warranties from ASF.=20
>=20
> 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.
>=20
> 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.
>=20
> Do we note the specific patent numbers/titles?  If so, where?  README? =
 NOTICE?  PATENTS?
>=20
>=20


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