Re: Proposed Apache license patent/reciprocity issues

2003-11-19 Thread Mahesh T. Pai
Brian T. Sniffen said on Wed, Nov 19, 2003 at 11:15:12AM -0500,: enumerated in US legislation -- they are alluded to in some laws, and mentioned in court cases, but intentionally underspecified. 'Law' is what the courts say it is. May be, the US legal system has a different view of the

Re: Proposed Apache license patent/reciprocity issues

2003-11-16 Thread Glenn Maynard
On Sun, Nov 16, 2003 at 03:13:59AM -0500, Anthony DeRobertis wrote: Title 17 USC, Sec. 106. Look at GPL 2(b) to be licensed as a whole at no charge to all third parties under the terms of this License. You get your license to use a GPL program when: 1) The program is licensed that

Re: Proposed Apache license patent/reciprocity issues

2003-11-16 Thread Anthony DeRobertis
On Sun, 2003-11-16 at 10:35, Glenn Maynard wrote: What about GPL #6? Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and

Re: Proposed Apache license patent/reciprocity issues

2003-11-16 Thread Sam Hartman
Anthony == Anthony DeRobertis [EMAIL PROTECTED] writes: Anthony On Sun, 2003-11-16 at 10:35, Glenn Maynard wrote: What about GPL #6? Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original

Re: Proposed Apache license patent/reciprocity issues

2003-11-16 Thread Brian T. Sniffen
Sam Hartman [EMAIL PROTECTED] writes: MJ == MJ Ray [EMAIL PROTECTED] writes: MJ On 2003-11-15 04:14:44 + Walter Landry [EMAIL PROTECTED] MJ wrote: It only revokes the patent license, not the whole license. Since Debian, to a large extent, only concerns itself with

Re: Proposed Apache license patent/reciprocity issues

2003-11-15 Thread Branden Robinson
On Fri, Nov 14, 2003 at 10:32:09AM +, MJ Ray wrote: I think people are a lot more savvy about patent-related problems now than they were 4 years ago, but it would be a pain to fix this now if we got it wrong. [...] I find it interesting that copyright licences that try to enforce

Re: Proposed Apache license patent/reciprocity issues

2003-11-15 Thread MJ Ray
On 2003-11-14 14:57:58 + Glenn Maynard [EMAIL PROTECTED] wrote: What prevents me, after violating the license, from obtaining a new copy of the software and using (copying, modifying, distributing) that instead? As long as you've stopped the attempt, have not distributed any infringing

Re: Proposed Apache license patent/reciprocity issues

2003-11-15 Thread MJ Ray
On 2003-11-15 04:14:44 + Walter Landry [EMAIL PROTECTED] wrote: It only revokes the patent license, not the whole license. Since Debian, to a large extent, only concerns itself with patents that are being enforced, it was considered fine [1]. There was even a comment praising the patent

Re: Proposed Apache license patent/reciprocity issues

2003-11-15 Thread Henning Makholm
Scripsit MJ Ray [EMAIL PROTECTED] I'm trying to grok the last paragraph of Henning Makholm's comments in your first reference at http://lists.debian.org/debian-legal/1999/debian-legal-199906/msg00218.html Good luck. :-) As my recent comments in the present thread may have indicated, I'm

Re: Proposed Apache license patent/reciprocity issues

2003-11-14 Thread MJ Ray
On 2003-11-14 02:21:18 + Walter Landry [EMAIL PROTECTED] wrote: Unfortunately, you have precedent against you. The IBM Common Public License has just such a clause It seems that this particular aspect (actions unrelated to the work affecting the right to use the work) was not covered in

Re: Proposed Apache license patent/reciprocity issues

2003-11-14 Thread Glenn Maynard
On Fri, Nov 14, 2003 at 10:32:09AM +, MJ Ray wrote: While considering that, I noticed something that seems odd. There seems to be nothing to prevent a litigator from obtaining a new copy of the software and using that instead. The new patent licence grant isn't conditional on not

Re: Proposed Apache license patent/reciprocity issues

2003-11-14 Thread Walter Landry
MJ Ray [EMAIL PROTECTED] wrote: On 2003-11-14 02:21:18 + Walter Landry [EMAIL PROTECTED] wrote: Unfortunately, you have precedent against you. The IBM Common Public License has just such a clause It seems that this particular aspect (actions unrelated to the work affecting the

Proposed Apache license patent/reciprocity issues

2003-11-13 Thread Nathanael Nerode
5. Reciprocity. If You institute patent litigation against a Contributor with respect to a patent applicable to software (including a cross-claim or counterclaim in a lawsuit), then any patent licenses granted by that Contributor to You under this License shall

Re: Proposed Apache license patent/reciprocity issues

2003-11-13 Thread Walter Landry
Nathanael Nerode [EMAIL PROTECTED] wrote: 5. Reciprocity. If You institute patent litigation against a Contributor with respect to a patent applicable to software (including a cross-claim or counterclaim in a lawsuit), then any patent licenses granted by that