Admitedly, the Apache 2.0 does have a patent retaliation clause. It's
just subtely different :-)


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Sam Halliday <sam.halli...@gmail.com> writes:

> [ text/plain ]
> Jason Felice writes:
>> This same verbiage appears in the Apache license and the Artistic license
>
> This is false. What I quoted is the EPL patent retaliation clause and
> Apache 2.0 has no such clause. Perhaps you are thinking about the Apache
> 2.0's Grant of Patent clause, which is similar to EPL's Grant of Right
> clause.
>
> I refer you to Apache 2.0 to confirm for yourself
>
>   http://www.apache.org/licenses/LICENSE-2.0.html
>
>> Sam Halliday wrote:
>>> It's got nothing to do with contributing to Clojure (the Grant of Right
>>> is standard in all modern free software licences). The problem is the
>>> patent retaliation clause, which I quote from Section 7 of the
>>> [EPL](http://www.eclipse.org/legal/epl-v10.html)
>>>
>>>    "If Recipient institutes patent litigation against any entity
>>>    (including a cross-claim or counterclaim in a lawsuit) alleging that
>>>    the Program itself (excluding combinations of the Program with other
>>>    software or hardware) infringes such Recipient's patent(s), then such
>>>    Recipient's rights granted under Section 2(b) shall terminate as of
>>>    the date such litigation is filed."
>>>
>>> In other words, if you ever have a legal dispute with anybady about a
>>> patent violation in clojure (which somebody else could have contributed
>>> without your permission), then you lose your right to use clojure. As
>>> in, turn off your production systems, now.
>>>
>>> This could be persued by anybody (corporate or individual, including the
>>> person who you are suing for implementing your patents) who has ever
>>> contributed to Clojure. Rich Hickey is in a privileged position where he
>>> can grant ad hoc / tailored licences to corporate customers, granting
>>> immunity to the patent retaliation clause.
>
> -- 
> Best regards,
> Sam

-- 
Best regards,
Sam

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