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Posted to legal-discuss@apache.org by "Priyank Rastogi (JIRA)" <ji...@apache.org> on 2014/02/26 10:47:19 UTC
[jira] [Updated] (LEGAL-133) Does an Apache Project with Patents
pose legal risk for its users?
[ https://issues.apache.org/jira/browse/LEGAL-133?page=com.atlassian.jira.plugin.system.issuetabpanels:all-tabpanel ]
Priyank Rastogi updated LEGAL-133:
----------------------------------
Description:
Company-A contributes code to Project-X under Apache License, and has patents on the technology contributed.
This is permitted [e.g. Citrix having patents related to CloudStack].
Company-B now downloads Project-X, and starts using it.
Due to business reasons, Company-B forks Project-X, and starts maintaining a private branch with private changes [which is permissible under Apache License].
Company-B is using the software commercially.
Is this a patent violation?
Note that there is no list of patents for Project-X maintained anywhere, and Company-B is not aware of Company-A patents which it may be infringing upon in private-fork of Project-X.
was:
Company-A contributes code to Project-X under Apache License, and has patents on the technology contributed.
This is permitted [e.g. Citrix having patents related to CloudStack].
Company-B now downloads Project-X, and starts using it.
Due to business reasons, Company-B forks Project-X, and starts maintaining a private branch with private changes [which is permissible under Apache License].
Company-B is using the software commercially.
Is this a patent violation?
Note that there is no list of patents for Project-X maintained anywhere, and Company-B is not aware of Company-A patents which it may be using in private-fork of Project-X.
> Does an Apache Project with Patents pose legal risk for its users?
> ------------------------------------------------------------------
>
> Key: LEGAL-133
> URL: https://issues.apache.org/jira/browse/LEGAL-133
> Project: Legal Discuss
> Issue Type: Question
> Reporter: Priyank Rastogi
>
> Company-A contributes code to Project-X under Apache License, and has patents on the technology contributed.
> This is permitted [e.g. Citrix having patents related to CloudStack].
> Company-B now downloads Project-X, and starts using it.
> Due to business reasons, Company-B forks Project-X, and starts maintaining a private branch with private changes [which is permissible under Apache License].
> Company-B is using the software commercially.
> Is this a patent violation?
> Note that there is no list of patents for Project-X maintained anywhere, and Company-B is not aware of Company-A patents which it may be infringing upon in private-fork of Project-X.
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