Jennifer,
> Yes, if the claim states only that the Contribution constitutes patent
> infringement, then only patent licenses granted to the end-user under
> the License for that Contribution terminate.
Can you please explain how one is to pull that out of the language:
> If You institute patent litigation against any entity (including a
> cross-claim or counterclaim in a lawsuit) alleging that a
> Contribution and/or the Work, without modification (other than
> modifications that are Contribution(s)), constitutes direct or
> contributory patent infringement, then any patent licenses granted
> to You under this License for that Contribution or such Work shall
> terminate as of the date such litigation is filed.
Are you saying that as a matter of legal interpretation, it is understood
that
a Contribution and/or the Work
that Contribution or such Work
is a set of bound pairings? I would have read the language differently, and
I suspect that most lay people would, so this could be an important point to
clarify to non-lawyers.
> Eben articulated an excellent analysis regarding the difference
> between the offensive and defensive use of patents, noting that
> he hoped to maintain a distinction between "patent abuses that
> threaten the freedom of free software and those that don't."
Yes, he did. His analysis was one of the first things I have seen in a very
long time that prompted me to actually consider rendering a chart of logic
and relationships.
> My recommended approach is tailored to confine the defensive
> termination to situations only involving the software actually
> licensed under this License.
Yes, I had understood that you were narrowing the effect of it. What I did
not understand was how precisely you had narrowed it, if my new
understanding as described above is correct.
> it's worthwhile to delve into this. Hope to meet you "live" at ApacheCon.
Sorry, no. I won't be there this year, which I consider a mistake on my
part. Will plan to attend the next one, and hopefully speak at it.
Meanwhile, I asked Ken to say "Hi" to you from me. I've a friend opening an
authentic Greek restaurant in the Raleigh area, so perhaps I'll get up there
when it opens.
--- Noel
