On Jul 17, 2005, at 10:29 AM, Enrique Rodriguez wrote:
I'd like to clarify my point here with what I think is the root of the issue. The Membership Agreement makes a distinction between DEVELOPED MATERIALS and DEVELOPED INVENTIONS. As you initially noted, DEVELOPED INVENTIONS are licensable by OSGi only to members. However, DEVELOPED MATERIALS may be distributed and sublicensed according to the goals of the OSGi charter. In the R4 specification, every contribution has been made to OSGi as MEMBER LICENSED MATERIALS, and therefore, falls under section 3.2 of the Membership Agreement, wherein OSGi is granted "the right and license ... to distribute and sublicense."

DEVELOPED MATERIALS is just the subset of materials to which
copyright law applies and DEVELOPED INVENTIONS is the subset to
which patent law applies. That is the only reason why those
definitions are different in the agreement.

Whoever signs the CLA is granting both copyright and patent licenses
and therefore must have the right to license both to non-members
because our CLA is a license to all recipients of ASF software.

....Roy

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