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



On Mon, Nov 17, 2003 at 10:43:01AM -0500, Glenn Maynard wrote:
> > However, this is essentially what the reciprocal patent clause is requiring.
> >  As part of the Apache license, you must agree not to sue any contributor
> > for any of your software patents, for as long as you continue to use Apache.
> 
> The only problem I see here is return fire: if I'm holding patents as a
> defense strategy, I want to be able to use them to return fire if an
> Apache contributor decides to attack me with his own patents, unrelated
> to Apache.

This is only useful if you do not have a valid defense for the problem
already.  In other words, it is only useful as a strong-arm tactic to let
your own company effectively ignore patents of others.  After all, if the
lawsuit filed against you has no merit, you don't need a patent portfolio to
defend against it.

So, its only real purpose is to let the patent holders thwart the patent
law.  I don't like that one bit.



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