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Posted to legal-discuss@apache.org by "Robert Burrell Donkin (Closed) (JIRA)" <ji...@apache.org> on 2011/11/19 21:18:52 UTC
[jira] [Closed] (LEGAL-103) Misinterpretations of sentences inf the
CCLA (and ICLA)
[ https://issues.apache.org/jira/browse/LEGAL-103?page=com.atlassian.jira.plugin.system.issuetabpanels:all-tabpanel ]
Robert Burrell Donkin closed LEGAL-103.
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Resolution: Later
Assignee: Robert Burrell Donkin
Thanks for your feedback.
> Misinterpretations of sentences inf the CCLA (and ICLA)
> -------------------------------------------------------
>
> Key: LEGAL-103
> URL: https://issues.apache.org/jira/browse/LEGAL-103
> Project: Legal Discuss
> Issue Type: Question
> Reporter: Alain Pubert
> Assignee: Robert Burrell Donkin
>
> I have 3 remarks on the corporate contributor license agreements with the ASF (version 2.0):
> In Article 1: there is a discrepancy between what is meant to be Schedule B in article 1 and title of Schedule B. Which one is the correct one?
> In Article 3, 1st sentence: the end of this sentence from "where such license applies (...)" to "(...) Contribution(s) were submitted" is not clear at all. Does this part of the sentence means that if our Contribution or Work infringes a patent, then we are liable for such infringement? In addition, "patent claims licensable" should be defined more clearly.
> In Article 3, second (last) sentence: it seems that there is a mistake in using "entity" in the second part of the sentence. I understand that it should read "then any patent licenses granted to t_he Foundation_ /(and not that entity) /under this Agreement for that Contribution or Work shall terminate as of the date of such litigation is filed".
> It seems that these points could be misinterpreted by the courts in the event of trial.
> Should we not adjust the text of the agreement to remove this ambiguity?
> Can someone enlighten me?
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