apache license 2.0 for consideration

Mark Shewmaker mark at primefactor.com
Wed Feb 18 23:50:25 UTC 2004

On Wed, 2004-02-18 at 10:49, jcowan at reutershealth.com wrote:
> Mark Shewmaker scripsit:
> > Person_B is also stuck--he can't distribute Program_B under the
> > GPL anymore to anyone, because he's not allowed to distribute
> > it to Person_C due to a lack of a patent license for Patent_A.
> Sure he can distribute it to Person_C; Person_C just can't use
> what he gets.  The GPL doesn't restrict me from distributing to you
> because you can't (due to some legal disability) use the program,

The GPL does restrict you from distributing to me if I can't further
redistribute the program.

Again, 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."

> The GPL rights of Person_[BC] are not altered, merely the use right
> of Person_C to Program_C.

>From the Apache License Version 2.0: "...patent license to make, have
made, use, offer to sell, sell, import, and otherwise transfer the Work"

If the use right really only came from the Apache license, (which looks
to be the case, as Person_A never distributed their patents in GPL code
in the example), then I would think the rights of Person_[BC] to
distribute code containing that patent would also be gone.

(I called those "GPL rights", because the distribution rights were
rights the GPL seemed to be giving you, (even though it really had no
power to do so in all cases.)  In retrospect I shouldn't have made up a
term like that without at least also listing a made-up definition. :-) )

(As an aside, I hate to think I probably contributed to a slashdotting
of this topic.  My intent was to merely point out that I considered
there to be an unintentional incompatibility with the Apache License
Version 2.0 and GPLv2.  Apache folks, I apologize if I have triggered
flames on the subject coming to you on this.  In my mind at the very
worst it's a fixable problem one way or another, and not at all
flame-worthy material.)

Mark Shewmaker
mark at primefactor.com

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