MPL section 2.2, and patent grants on derivative works

Brian Behlendorf brian at
Mon Dec 2 03:17:44 UTC 2002

Keeping the patent discussion on low-boil:

On Fri, 22 Nov 2002, Mitchell Baker wrote:
> The scope of the patent grant is not enlarged by subsequent derivative
> works of the Contributor Version.  If the scope was so enlarged, the
> Contributor would have  no idea how broad a set of patent grants it
> would ultimately end up making.

"not enlarged by" I totally understand.  I'm asking whether a patent
grant, applying to the specific contributions (and previous contributions)
in that version, survive to a derivative work too.  I'm not asking about a
derivative work with *new* code that would violate another one of
Contributor's patents; assume the change between the Contributor Version
and the derivative work is completely neutral on patent terms.

If not, then the patent grants by contributors ends up being pretty
useless (since they last only one Version), so I've got to believe this is
handled, I'm puzzled as to how though, since the language does not appear
to allow it.

Thanks for the other clarifications.


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