Subject: Re: apache license 2.0 for consideration
From: Eben Moglen <moglen@columbia.edu>
Date: Tue, 24 Feb 2004 15:56:36 -0500

On Tuesday, 24 February 2004, Arnoud Engelfriet wrote:

  > If a company sues for infringement on the basis of a patent
  > being included in XY, where XY consists of X (non-infringing) and
  > Y (infringing), then that will be brought up by the defense and
  > the company will have to claim Y infringes as well (or drop
  > the case entirely).  As such, there is no need for the patent license
  > to talk about derivative works. Nor would it be safe to do so,
  > since derivative work is a concept of copyright law, not patent law.
  
  I'm not even sure the license still exists if you take out the
  Contribution I made (embodying my patented method) and put
  it in some other work. 
  
In that case there would no mystery about the FSF position.  If that's
the right interpretation of the patent grant, then ASL2 isn't a free
software license at all. 

E
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