Apache style issue

John Cowan cowan at ccil.org
Wed Aug 19 19:09:35 UTC 2009


Dag-Erling Smørgrav scripsit:

> No, it places additional conditions on the licensee's right to
> distribute.

I don't see it.  Here's the text:

# Subject to the terms and conditions of this License, each Contributor
# hereby grants to You a perpetual, worldwide, non-exclusive, no-charge,
# royalty-free, irrevocable (except as stated in this section) patent
# license to make, have made, use, offer to sell, sell, import, and
# otherwise transfer the Work, where such license applies only to those
# patent claims licensable by such Contributor that are necessarily
# infringed by their Contribution(s) alone or by combination of
# their Contribution(s) with the Work to which such Contribution(s)
# was submitted. 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.

The first sentence grants You a bunch of licenses to
necessarily-infringing patents owned by the Contributors.  The second
sentence limits Your right to sue Contributors for patent infringement
on pain of losing the license.  Where's the restriction on distribution?

I am not being sarcastic here.  Please explain what you have in mind.

>  3) a party that receives a copy of the software and redistributes it.
> 
> I believe you made the mistake of focussing exclusively on 2) and
> forgetting about 3).

I still don't see it.

-- 
John Cowan  cowan at ccil.org   http://ccil.org/~cowan
Consider the matter of Analytic Philosophy.  Dennett and Bennett are well-known.
Dennett rarely or never cites Bennett, so Bennett rarely or never cites Dennett.
There is also one Dummett.  By their works shall ye know them.  However, just as
no trinities have fourth persons (Zeppo Marx notwithstanding), Bummett is hardly
known by his works.  Indeed, Bummett does not exist.  It is part of the function
of this and other e-mail messages, therefore, to do what they can to create him.



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