apache license 2.0 for consideration

Arnoud Engelfriet galactus at stack.nl
Wed Feb 25 10:14:23 UTC 2004


jcowan at reutershealth.com wrote:
> Arnoud Engelfriet scripsit:
> 
> > 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. 
> 
> It's hard to say, certainly.  But consider this case:  I have patented
> a gear, and I give you a patent license to make use of this gear.  Now
> you build a machine one part of which is the gear, and I sue, claiming
> that you were licensed only to use the gear, not the machine of which
> the gear is a part.  Surely you would reply that the very essence of a
> gear is to be used as a part of something.  And likewise with a software
> library.

Correct, but to be sure I'd still insist on language in the license
that licenses me to "use the gear alone or in combination with the
machine". Hence the language in the ASL2 that licenses "Contribution(s)
alone or by combination of their Contribution(s) with the Work".

And if you license me to use that gear in a particular machine, I
think I do *not* have a license to use it in another machine, since
that exceeds the scope of my license (ignoring first sale issues).

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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