apache license 2.0 for consideration

Roy T. Fielding fielding at apache.org
Wed Feb 18 01:20:58 UTC 2004

On Tuesday, February 17, 2004, at 04:04  PM, Mark Shewmaker wrote:

> On Sun, 2004-02-08 at 14:19, Rodent of Unusual Size wrote:
>> it is our belief that this new licence is just as osi-compliant
>> as the 1.1 version, and is more clearly compatible with the gpl
>> to boot.
> Is the patent grant section GPL compatible?


>> From the Apache License, Version 2.0:
> | If You institute patent litigation against any entity (including a
> | cross-claim or counterclaim in a lawsuit) alleging that the Work or a
> | Contribution incorporated within the Work constitutes direct or
> | contributory patent infringement, then any patent licenses granted to
> | You under this License for that Work shall terminate as of the date
> | such litigation is filed.
>> From the GPLv2:
> | For example, if a patent license would not permit royalty-free
> | redistribution of the Program by all those who receive copies 
> directly
> | or indirectly through you, then the only way you could satisfy both 
> it
> | and this License would be to refrain entirely from distribution of 
> the
> | Program.
> To me it looks like the patent grant is an additional restriction
> beyond the bare GPL when a program licensed under the Apache License
> Version 2.0 is then distributed under the GPL.

No, the patent (if there was one) would be an additional restriction
on the GPL.  The Apache License itself is not the patent and does not
restrict the GPL any more than the GPL would have been restricted by
the patent absent the Apache License.


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