Re: [fielding@apache.org: Review of proposed Apache License, version 2.0]

[Arnoud Engelfriet <galactus@stack.nl>]

Brian T. Sniffen 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 Contributor to You under this
>       License shall terminate as of the date such litigation is filed.
>       [snipped] 
> 
> If I use Apache, and have a significant cost to switch my operations
> away from Apache, then I dare not sue any Apache contributor who
> infringes on my patents: if I do so, I lose my licenses to use Apache.

Actually only the patent license would be terminated, not the
copyright license. If you use Apache in a country where the
patent is not in force, you are not affected by this clause.
Or maybe you have a cross-license with the patent holder.

Anyway, it's my understanding that this part of clause 5 has
be deleted in the next draft.

Arnoud

-- 
Arnoud Engelfriet, Dutch patent attorney - Speaking only for myself
Patents, copyright and IPR explained for techies: http://www.iusmentis.com/