Brian Utterback <[email protected]> wrote:

> We had this discussion last week. The problem is in section 3 of the 
> SCA, regarding the granting of patent rights. The structure and layout 
> of the sentence leads to two possible interpretations, one granting 
> rights to patents included in the contribution, but the other 
> interpretation is that it grants rights to all patents owned by the 
> contributor.
>
> As Casper is saying, strictly speaking and according to the rules of 
> law, it may not be ambiguous at all. However, the fact that a 
> reasonable person reading the sentence might interpret it the other 
> way suggests that it could be worded better, even if a court would 
> never interpret it that way.
>
> Of course, simply removing the ambiguous parts would not be an option. 
> Clarifying them would be.

This is correct, but it is not only the patent sectioon but also the missing
definition of a "contribution". The latter is more important for me.



Jörg

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