Apache 2.0 and GPL compatibility
Bob Scheifler
Bob.Scheifler at Sun.COM
Fri Jan 7 18:11:23 UTC 2005
> Just in case you didnt notice, AFL 2.0 and 2.1 grant the right to
> sublicense as well, for both copyright license and patent license.
I did notice, thanks.
> As I understand it, software patent rights apply to the creation and use
> of software that implements the given invention, so whether or not the
> work is independently created or a derivative of the software, if patent
> rights are revoked, then one cannot legally use the derivative or create
> such independent software, or even use the software itself.
Looking specifically at the Apache License 2.0, the patent license
is terminated, but the copyright license is not.
> Also, one cannot sublicense more rights than one is granted, so if one
> does not have the patent rights (anymore), then one cannot sublicense them.
But in the case of sublicensing under the GPL, no explicit patent rights
would be sublicensed. (As I understand it, Apache 2.0 does not grant the
right to sublicense the patent license anyway, only the copyright license.)
- Bob
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