apache license 2.0 for consideration

jcowan at reutershealth.com jcowan at reutershealth.com
Thu Feb 19 22:54:46 UTC 2004


Mark Shewmaker scripsit:

> I also claim that since the Apache license can retract
> Apache-patent-licenses for people making patent infringement claims,
> that that retraction would have to apply to people using Apache->GPL'd
> code.
> 
> Then, since the retraction applies to someone using GPL'd code, it
> breaks GPL licensing for everyone using that GPL'd code.
> 
> So, I would then worry that the Apache License's explicit
> "don't-sue-or-you'll-lose-your-patent-license" restriction would be a
> restriction above and beyond what the GPL by itself provides.

I agree, and add:

The GPL license crashes only if the patent actually exists and is
enforceable.  But a mere claim, however non-colorable, of a patent can
destroy the Apache license for the claimant.  (The same applies to the
AFL, the OSL, and various other modern licenses.)

-- 
John Cowan  www.ccil.org/~cowan  www.reutershealth.com  jcowan at reutershealth.com
All "isms" should be "wasms".   --Abbie
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