apache license 2.0 for consideration

[Arnoud Engelfriet]

Roy T. Fielding wrote:
> On a side note, since software patent law is applied to the "method"
> of something and not to the particular expression, a patent license
> for doing that something remains in force regardless of the software
> that is later used to do it.  The license is from the owner of the
> method to the legal entity using that method.

Correct, although a patent license grant may very well be limited
to one particular application. For example, I could license you
under my patent to practice a method using only the software I
provide to you.

> In other words, it is a blanket permission -- once you have the
> permission, you can use whatever tool you like (even one not derived
> from the ASL2 work) up until the permission is revoked.
 
The ASL2 grants in clause 3 a "patent license to make, have made,
use, offer to sell, sell, import, and otherwise transfer the Work".

If I Contribute software for one of my patented methods to ASL2-
licensed code, you have the right to use *that code* to practice
my patented method. You do not have permission to use your own
software to practice my patented method. In that case you are
not using the Work.

> If a company sues for infringement on the basis of a patent
> being included in XY, where XY consists of X (non-infringing) and
> Y (infringing), then that will be brought up by the defense and
> the company will have to claim Y infringes as well (or drop
> the case entirely).  As such, there is no need for the patent license
> to talk about derivative works. Nor would it be safe to do so,
> since derivative work is a concept of copyright law, not patent law.

I'm not even sure the license still exists if you take out the
Contribution I made (embodying my patented method) and put
it in some other work. 

Arnoud

-- 
Arnoud Engelfriet, Dutch patent attorney - Speaking only for myself
Patents, copyright and IPR explained for techies: http://www.iusmentis.com/
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