On 20.12.2007, at 17:57, David Zülke wrote:
Then read it again. It's pretty clear.
3. Grant of Patent License. Subject to the terms and conditions of
this Agreement, You hereby grant to the Foundation and to
recipients of software distributed by the Foundation 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 You that are necessarily infringed by Your
Contribution(s) alone or by combination of Your Contribution(s)
with the Work to which such Contribution(s) was submitted. If any
entity institutes patent litigation against You or any other entity
(including a cross-claim or counterclaim in a lawsuit) alleging
that your Contribution, or the Work to which you have contributed,
constitutes direct or contributory patent infringement, then any
patent licenses granted to that entity under this Agreement for
that Contribution or Work shall terminate as of the date such
litigation is filed.
This tells me that I need to have all patents that the code infringes
upon. I know that there is this "licensedable by You" thingi in
there, but sorry I cannot parse run on sentences like that. Does
licenseable by You mean that I have to grant the license or that I am
legaqlly entitled to even grant that license? I was taught in school
to use the "." every so often and if lawyers don't know how to
construct licenses that contain run on sentences, then I guess I am
not signing their bla bla.
4. You represent that you are legally entitled to grant the above
license. If your employer(s) has rights to intellectual property
that you create that includes your Contributions, you represent
that you have received permission to make Contributions on behalf
of that employer, that your employer has waived such rights for
your Contributions to the Foundation, or that your employer has
executed a separate Corporate CLA with the Foundation.
I especially do not understand what "licenseable by You" means in the
light of section 4. which seems to be concerned about if I am allowed
to grant the "above" licenses. To me this means that in this case
"licensable by You" in the 3. section then means that they are
talking about the things I am supposed to license and not what I am
legally entitled to license. Which in turns means to me that 3.
requires that I grant a license to all patents the code infringes
upon and that number 4. mandates that I actually have the legal right
to grant those licenses.
regards,
Lukas
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