Subject: Re: Apache 2.0 and GPL compatibility
From: Bob Scheifler <Bob.Scheifler@Sun.COM>
Date: Fri, 07 Jan 2005 13:11:23 -0500

> Just in case you didnt notice, AFL 2.0 and 2.1 grant the right to 
> sublicense as well, for both copyright license and patent license.

I did notice, thanks.

> As I understand it, software patent rights apply to the creation and use 
> of software that implements the given invention, so whether or not the 
> work is independently created or a derivative of the software, if patent 
> rights are revoked, then one cannot legally use the derivative or create 
> such independent software, or even use the software itself.

Looking specifically at the Apache License 2.0, the patent license
is terminated, but the copyright license is not.

> Also, one cannot sublicense more rights than one is granted, so if one 
> does not have the patent rights (anymore), then one cannot sublicense them.

But in the case of sublicensing under the GPL, no explicit patent rights
would be sublicensed. (As I understand it, Apache 2.0 does not grant the
right to sublicense the patent license anyway, only the copyright license.)

- Bob