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Posted to legal-discuss@apache.org by "Kevan Miller (JIRA)" <ji...@apache.org> on 2013/02/07 17:17:13 UTC
[jira] [Commented] (LEGAL-158) patent grant scope: FAQ 3 is
confusing or just plain wrong.
[ https://issues.apache.org/jira/browse/LEGAL-158?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=13573634#comment-13573634 ]
Kevan Miller commented on LEGAL-158:
------------------------------------
As I understand things...
The first sentence identifies the scope of the contribution as applied to a patent claim. If you contribute code to Apache product 'A', only patent claims for your contribution *and* product 'A' apply. If your contribution to product 'A' in combination with a different Apache product (e.g. product 'B') can be read against a patent claim, Apache's Grant of Patent License would not apply.
The last sentence identifies the scope of the Grant of Patent License once it has been applied to a patent claim. If your contribution + Apache product 'A' applies to a patent claim, it is licensed to *any* Apache software product.
> patent grant scope: FAQ 3 is confusing or just plain wrong.
> ------------------------------------------------------------
>
> Key: LEGAL-158
> URL: https://issues.apache.org/jira/browse/LEGAL-158
> Project: Legal Discuss
> Issue Type: Question
> Reporter: barry freedman
>
> In the license and distribution FAQ (www.apache.org/foundation/license-faq.html) , question and answer 3 currently states:
> ***
> Q3:
> If I own or control a licensable patent and contribute code to a specific Apache product, which of my patent claims are subject to Apache's Grant of Patent License?
> A3:
> The only patent claims that are licensed to the ASF are those you own or have the right to license that read on your contribution or on the combination of your contribution with the specific Apache product to which you contributed as it existed at the time of your contribution. No additional patent claims become licensed as a result of subsequent combinations of your contribution with any other software. Note, however, that licensable patent claims include those that you acquire in the future, as long as they read on your original contribution as made at the original time. Once a patent claim is subject to Apache's Grant of Patent License, it is licensed under the terms of that Grant to the ASF and to recipients of any software distributed by the ASF for any Apache software product whatsoever.
> ***
> The FIRST sentence correctly states that the license applies "to the specific Apache product to which you contributed".
> The LAST sentence appears to say something different: it refers to "any Apache software product whatsoever".
> Please clarify or remove this inconsistency. Thx.
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