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From Jim Jagielski <...@jaguNET.com>
Subject Re: About filed patent
Date Thu, 15 Oct 2015 20:48:56 GMT

> On Oct 15, 2015, at 4:38 PM, Sam Ruby <rubys@intertwingly.net> wrote:
> 
> On Thu, Oct 15, 2015 at 4:17 PM, Jim Jagielski <jim@jagunet.com> wrote:
>> Hold in a tic... is this question related to something being
>> created BY the ASF or FOR the ASF? My understanding is that
>> this is something that eBay desires. In which case, they are
>> not bound by what is ASF Policy about how *we* handle NOTICE
>> but, instead, or bound by what the ALv2 describes about NOTICE.
> 
> Let's call eBay the first party.
> 
> Let's call us the second party.
> 
> Let's call any licensees the third party.
> 
> The first party has informed the second party of information that we
> feel is important to disclose to any third party that might wish to
> make use of that code.  That third party is welcome to come to their
> own determination as to how they want to handle that information.  If
> we place it in the NOTICE file, we are implicitly requiring them to
> include that information in their distributions.  Either that or
> requiring them to do additional work to remove that information.
> 
> Understanding this situation, the longstanding policy has been to
> limit NOTICE files to legally required notices.

OK, it was my understanding is that eBay was donating something
to us under the ALv2 and wanted to know where to put some
patent info. Since it is their code, then their use of NOTICE
simply needs to abide by 4d in ALv2 and they can place such
patent info in there if they want. It's up to them. We do
not want to provide to them direction; it's not our job nor
is it really our decision.

> 
>> If the question is where does a *project* put notice about
>> something that they know about, such as some patent info,
>> then, unless that notice is included in a previous NOTICE,
>> unless it is legally required in NOTICE, we don't put it
>> there.
>> 
>> We need to be clear on what is policy and what is not. We
>> control just ASF policy and what we, as a foundation and
>> as project use NOTICE as: it is compliant w/ the requirements
>> of the ALv2, but we 'restrict' *our* usage to legally required.
>> But that restriction does NOT hold for others.
> 
> The policy as currently documented is clear, the NOTICE file is not
> the right place for this information.

Yes, what wasn't clear is who the question was asked for. As you state
the policy is clear. But it is an ASF policy for ASF code/projects. It
does not apply to how others use NOTICE when they elect the ALv2 as
their license.

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