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Re: DFSG-freeness of Apache Software Licenses



On Thu, 13 Nov 2003, Roy T. Fielding wrote:
> Termination of the patent license does not imply that the recipient
> cannot use the software.  If they have a license via some other
> means, do not believe the patent is enforceable, or simply do not use
> the software in a way that would cause infringement, then even the
> loss of the specific patent grant in this license does not affect
> their rights. 

These particular arguments apply equally well to copyright law. [Eg,
if termination of a copyright license doesn't imply that the recipient
can't use the software either if they have a license via some other
means.] Furthermore, there are a substantial number of contributors
who might be interested in copyright reciprocity clauses as well.

Is there any particular reason why the reciprocity clause needs to be
added? [Which contributors|contributions are under discussion
here?[1]] If the contributor isn't interested in freely licensing
their patent claims, perhaps they shouldn't be contributing code that
covers their patent?

Again, what I'm seriously concerned about is the vast number of users
who use and/or modify Apache licensed software that is present in
Debian suddenly being unable to make a counterclaim in a litigiation
against them without having the patents of the supposedly free
software they are using becomming an issue when they weren't
previously. [As I'm sure, you're concerned about contributors sneaking
in patent protected code and then attempting to enjoin and/or charge
users of Apache for.]


Don Armstrong 

1: Don't underestimate the pressure and/or encouragement that can be
brought to bear in these issues... there are a large number of Free
Software supporters who are more than willing to assist companies in
making their software and IP freely available and/or useable.
-- 
The attackers hadn't simply robbed the bank. They had carried off
everything portable, including the security cameras, the carpets, the
chairs, and the light and plumbing fixtures. The conspirators had
deliberately punished the bank, for reasons best known to themselves,
or to their unknown controllers. They had superglued doors and
shattered windows, severed power and communications cables, poured
stnking toxins into the wallspaces, and concreted all of the sinks and
drains. In eight minutes, sixty people had ruined the building so
thouroughly that it had to be condemed and later demolished.

-- Bruce Sterling, _Distraction_ p4

http://www.donarmstrong.com
http://www.anylevel.com
http://rzlab.ucr.edu

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