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From Luis Villa <l...@lu.is>
Subject Re: Facebook BSD+patents license and Apache products
Date Wed, 19 Jul 2017 21:11:06 GMT
On Wed, Jul 19, 2017 at 2:06 PM Mike Drob <mdrob@apache.org> wrote:

> As CPL goes, EPL also goes.
>

No, EPL 1.0's termination clause does not have the same language.
Specifically, this sentence was removed between CPL 1.0 and EPL 1.0:

If Recipient institutes patent litigation against a Contributor with
respect to a patent applicable to software (including a cross-claim or
counterclaim in a lawsuit), then any patent licenses granted by that
Contributor to such Recipient under this Agreement shall terminate as of
the date such litigation is filed.

We made a similar decision when writing MPL 2.0, though I can't speak to
the Eclipse team's reasoning.

Luis


> On Wed, Jul 19, 2017 at 4:01 PM, Luis Villa <luis@lu.is> wrote:
>
>> Hi, Chris-
>> Given the rationale here, will MPL 1.1 (Sec. 8.2(b)) and CPL 1.0 (Sec. 7,
>> second paragraph) be moved from Category B to Category X?
>>
>> Thanks-
>> Luis
>>
>> On Sat, Jul 15, 2017 at 9:56 AM Chris Mattmann <mattmann@apache.org>
>> wrote:
>>
>>> Hi,
>>>
>>> As some of you may know, recently the Facebook BSD+patents license has
>>> been
>>> moved to Category X (https://www.apache.org/legal/resolved#category-x).
>>> Please see LEGAL-303 [1] for a discussion of this. The license is also
>>> referred
>>> to as the ROCKSDB license, even though Facebook BSD+patents is its more
>>> industry standard name.
>>>
>>> This has impacted some projects, to date based on LEGAL-303
>>> and the detective work of Todd Lipcon:
>>>
>>> Samza, Flink, Marmotta, Kafka and Bahir
>>>
>>> (perhaps more)
>>>
>>> Please take notice of the following policy:
>>>
>>> o No new project, sub-project or codebase, which has not
>>>   used Facebook BSD+patents licensed jars (or similar), are allowed to
>>> use
>>>   them. In other words, if you haven't been using them, you
>>>   aren't allowed to start. It is Cat-X.
>>>
>>> o If you have been using it, and have done so in a *release*,
>>>   you have a temporary exclusion from the Cat-X classification thru
>>>   August 31, 2017. At that point in time, ANY and ALL usage
>>>   of these Facebook BSD+patents licensed artifacts are DISALLOWED. You
>>> must
>>>   either find a suitably licensed replacement, or do without.
>>>   There will be NO exceptions.
>>>
>>> o Any situation not covered by the above is an implicit
>>>   DISALLOWAL of usage.
>>>
>>> Also please note that in the 2nd situation (where a temporary
>>> exclusion has been granted), you MUST ensure that NOTICE explicitly
>>> notifies the end-user that a Facebook BSD+patents licensed artifact
>>> exists. They
>>> may not be aware of it up to now, and that MUST be addressed.
>>>
>>> If there are any questions, please ask on the legal-discuss@a.o
>>> list.
>>>
>>> Thanks.
>>>
>>> Cheers,
>>> Chris Mattmann
>>> VP Legal Affairs
>>>
>>> [1] https://issues.apache.org/jira/browse/LEGAL-303
>>>
>>>
>>>
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>>>
>

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