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Posted to legal-discuss@apache.org by Han Nguyen <hn...@us.ibm.com> on 2010/11/04 01:58:16 UTC
Re: Question on Sanselan IccTagType
Hello Charles,
Is it possible to remove the constant and the tag? or somehow work around
them?
Although Sanselan does not process the contents of the ICC profile and
return the raw data as described in the patent, having it the source code
with the comment would impose an obligation to users, and could
potentially cause a hesitation to adopt the library.
Please let me know your thoughts.
Thanks.
Han
From: Charles Matthew Chen <ch...@gmail.com>
To: Commons Developers List <de...@commons.apache.org>
Cc: legal-discuss@apache.org, sanselan-dev@incubator.apache.org,
plindner@google.com, Mark D Weitzel/Raleigh/IBM@IBMUS, Han
Nguyen/Charlotte/IBM@IBMUS
Date: 10/13/2010 03:42 PM
Subject: Re: Question on Sanselan IccTagType
Hi,
I believe I'm the author of that file. As I recall, I copied that
comment from the ICC specification.
One of the features of Sanselan is the ability to do simple parsing
of ICC profiles. ICC profiles are used for color management.
http://en.wikipedia.org/wiki/ICC_profile
http://en.wikipedia.org/wiki/International_Color_Consortium
Sanselan parsing unpacks a profile into its member elements, much
of which is contained in a series of "tags." If code that used
Sanselan were to correctly use information in one of the types of
these tags (the "outputResponseTag"), they might infringe upon a
patent. Sanselan itself contains no such logic, so it is in no danger
of infringing the patent. Sanselan merely parses the contents of the
ICC profile and returns the contents as raw data.
I don't recall writing this code, but I probably included that
comment as a warning to users of the library that they might infringe
a patent if they used the data in this element (tag).
More details and answers inline below.
>>> 1. What is the patent associated with the comment? who's the patent
>>> holder? and who's the publisher?
The latest copy of the ICC specification can be obtained here.
http://www.color.org/icc_specs2.xalter
There's a number of interesting remarks in the document, such as this
from page xiii:
"""
0.10 Patentstatement
The International Color Consortium (ICC) draws attention to the fact
that it is claimed that compliance with this document may involve the
use of a patent concerning the outputResponseTag, (support of the
outputResponseTag is optional), given in subclause 9.2.27. ICC takes
no position concerning the evidence, validity and scope of this patent
right. Eastman Kodak Company, the holder of this patent right has
assured the ICC that he/she is willing to negotiate licences under
reasonable and non-discriminatory terms and conditions with applicants
throughout the world. In this respect, the statement of the holder of
this patent right is registered with ICC. Information may be obtained
from Eastman Kodak Company, 343 State street, Rochester, NY 14650.
"""
>>> 2. Is there any more information available about this patent claim?
See above.
>>> 3. Is it a comment that related to the ICC spec and not from the
Apache
>>> Sanselan implementation of it?
I'm not sure I understand this question, but this warning is not
specific to Sanselan.
>>> 4. We're using this library in Apache Shindig, and redistribute it,
what
>>> do we need to do in regard of the comment below?
You should be in the clear.
Charles Matthew
On Wed, Oct 13, 2010 at 3:07 PM, Sam Ruby <ru...@intertwingly.net> wrote:
> Here is the history for that file, including the original commit:
>
>
http://svn.apache.org/viewvc/commons/proper/sanselan/trunk/src/main/java/org/apache/sanselan/icc/IccConstants.java?view=log
>
> Sanselan graduated in June 2009. Adding dev@commons to the cc list.
> Can anyone there provide more history on this?
>
> - Sam Ruby
>
> On Wed, Oct 13, 2010 at 11:51 AM, Paul Lindner <li...@inuus.com>
wrote:
>> +legal-discuss
>> Hi Apache Legal folks, can you help us figure this out?
>>
>> On Wed, Oct 13, 2010 at 8:30 AM, Han Nguyen <hn...@us.ibm.com> wrote:
>>>
>>> We found the below comment in SanSelan source code and trying to
>>> understand what it might mean in the non-technical legal perspective.
>>>
>>> Could the author of the code help us answer some of these questions:
>>>
>>> 1. What is the patent associated with the comment? who's the patent
>>> holder? and who's the publisher?
>>> 2. Is there any more information available about this patent claim?
>>> 3. Is it a comment that related to the ICC spec and not from the
Apache
>>> Sanselan implementation of it?
>>> 4. We're using this library in Apache Shindig, and redistribute it,
what
>>> do we need to do in regard of the comment below?
>>>
>>> I'm having problem subscribing to the dev-list. Please include my
email (
>>> hnguy@us.ibm.com ) in your response
>>>
>>> public static final IccTagType outputResponseTag = new IccTagType(
>>> // "6.4.27 ",
>>> "outputResponseTag", "responseCurveSet16Type",
>>> 0x72657370
>>> // "Structure containing a description of the device
>>> response for which the profile is intended. The content of",
>>> // "this structure is described in 6.5.16.",
>>> // "NOTE The user’s attention is called to the
possibility
>>> that the use of this tag for device calibration may",
>>> // "require use of an invention covered by patent
rights.
>>> By publication of this specification, no position is",
>>> // "taken with respect to the validity of this claim or
of
>>> any patent rights in connection therewith. The patent",
>>> // "holder has, however, filed a statement of
willingness
>>> to grant a license under these rights on reasonable",
>>> // "and nondiscriminatory terms and conditions to
>>> applicants desiring to obtain such a license. Details may be",
>>> // "obtained from the publisher.",
>>>
>>>
>>> Thank you very much!
>>>
>>> Han
>>
>>
>> --
>> Paul Lindner -- lindner@inuus.com -- linkedin.com/in/plindner
>>
>
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