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Posted to legal-discuss@apache.org by "Ralph Goers (Jira)" <ji...@apache.org> on 2022/09/05 21:58:00 UTC
[jira] [Commented] (LEGAL-618) Would a patent owner be terminated its obtained licenses under AL2.0 for suing a contribution?
[ https://issues.apache.org/jira/browse/LEGAL-618?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=17600523#comment-17600523 ]
Ralph Goers commented on LEGAL-618:
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Company A has a forked branch. Any code they add is subject to whatever license they want - it is their code. Presumably it is outside of the ASF since we wouldn't allow such code to be contributed.
If Company B creates code that reads on a patent in Company A's code it really doesn't matter what the license is of the infringing code. The only thing that matters is the license Company A uses for its code.
The Apache License doesn't apply in this case because the code being violated isn't Apache licensed. So IMO no clauses in the Apache License would be triggered. However, I am NOT a lawyer and for an opinion that matters you should consult your own attorney.
> Would a patent owner be terminated its obtained licenses under AL2.0 for suing a contribution?
> ----------------------------------------------------------------------------------------------
>
> Key: LEGAL-618
> URL: https://issues.apache.org/jira/browse/LEGAL-618
> Project: Legal Discuss
> Issue Type: Question
> Reporter: Xiaolin WANG
> Priority: Major
>
> Company-A has a patent reading on Branch M forked from Project X but does not contribute the code of Branch M under Apache License.
> Company-B contributes code later to Project X under Apache License which falls in the scope of A's patent on Branch M.
> If Company-A sues Company-B for its contribution infringing upon the patent, would it triggers the second sentence of Article 3 of Apache License 2.0? i.e. any patent licenses granted to Company A under Apache License 2.0 for that Work (Project X shall be deemed as the Work, as I understood, is it correct?) terminate as of the date such litigation is filed."
>
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