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From Mark Thomas <ma...@apache.org>
Subject Re: About filed patent
Date Mon, 12 Oct 2015 08:07:32 GMT
On 12/10/2015 06:10, Luke Han wrote:
> Hi there,
>      Apache Kylin is going to graduate to TLP, this discussion [1] in
> general list now.
>      When we are preparing all the paper work, according Apache License
> and Patent [2], I would like to inquire about following:
>      Before open source Kylin, eBay has filed one patent with Kylin's
> idea: Hadoop OLAP Engine. And we have been told this should not an issue
> for eBay to continue to own this patent but just need some disclosure or
> something else.
>      Would you please help to kindly guide us if there's any process for
> this, should we involve our legal team for the detail and follow up?
>      Thanks.

Putting to one side the whole "you can't / should not be able to patent
software" argument for now...

With the usual IANAL and "I'm not representing the position of the ASF"

We need a little more background here.

What is the relationship between eBay and Kylin? Did eBay contribute
part of the Kylin codebase? Did that contribution include an
implementation of the subject matter of the patent?

You use "we" several times and it is not clear who "we" is. Is it the
Kylin PPMC, the ASF, eBay, someone else?

Kind regards,


> [1] http://s.apache.org/KylinGradauteDiscussGeneral
> [2] http://www.apache.org/licenses/LICENSE-2.0#patent
> Best Regards!
> ---------------------
> Luke Han

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