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From Sam Ruby <ru...@intertwingly.net>
Subject Re: About filed patent
Date Thu, 15 Oct 2015 20:38:43 GMT
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.

> 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.

- Sam Ruby

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