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

2003-11-17 Thread Roy T. Fielding
Jennifer Machovec, who's drafting the license, posted a new version to license@apache.org on November 13. You can read it at http://nagoya.apache.org/eyebrowse/ [EMAIL PROTECTED]&msgNo=24 Correction: Jennifer Machovec is not drafting the license. She is an attorney at IBM who submitted comment

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

2003-11-17 Thread Ken Arromdee
On Mon, 17 Nov 2003, Andrew Suffield wrote: > On Mon, Nov 17, 2003 at 10:15:40AM -0800, Ken Arromdee wrote: > > On Mon, 17 Nov 2003, Andrew Suffield wrote: > > > (And this still applies just as much to software licenses. It is > > > *hard* to gain a copyright license; you have to create the work. T

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

2003-11-17 Thread Brian T. Sniffen
Henning Makholm <[EMAIL PROTECTED]> writes: > From: Henning Makholm <[EMAIL PROTECTED]> > Subject: Re: [EMAIL PROTECTED]: Review of proposed Apache License, version > 2.0] > To: debian-legal@lists.debian.org > Date: 17 Nov 2003 23:01:38 + > Resent-From: debian-legal@lists.debian.org > > Scrip

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

2003-11-17 Thread Henning Makholm
Scripsit [EMAIL PROTECTED] (Brian T. Sniffen) >5. Reciprocity. If You institute patent litigation against any > entity (including a cross-claim or counterclaim in a lawsuit) > alleging that a Contribution and/or the Work, without > modification (other than modifications that

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

2003-11-17 Thread Joe Moore
Brian T. Sniffen said: > Arnoud Engelfriet <[EMAIL PROTECTED]> writes: >> Jennifer Machovec, who's drafting the license, posted a new >> version to license@apache.org on November 13. You can read it at >> http://nagoya.apache.org/eyebrowse/[EMAIL PROTECTED]&msgNo=24> > Thanks. I think the new S5 l

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

2003-11-17 Thread Brian T. Sniffen
I'm not cc'ing the apache license list, as I suspect tempers will stay cooler if debian-legal reaches a consensus, then contacts Apache. Arnoud Engelfriet <[EMAIL PROTECTED]> writes: > Glenn Maynard wrote: >> I believe Arnoud Engelfriet mentioned that this clause (#5) has been >> removed from the

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

2003-11-17 Thread Arnoud Engelfriet
Glenn Maynard wrote: > I believe Arnoud Engelfriet mentioned that this clause (#5) has been > removed from the draft. I havn't checked. If so, that's good; this > is clearly the most problematic clause. Jennifer Machovec, who's drafting the license, posted a new version to license@apache.org on

Re: "Open Software License" and patent/reciprocity issues

2003-11-17 Thread Andrew Suffield
On Mon, Nov 17, 2003 at 07:46:11PM +, MJ Ray wrote: > On 2003-11-17 18:46:53 + Andrew Suffield <[EMAIL PROTECTED]> > wrote: > > >I think this one's non-free too. It's certainly absurdly overbearing. > > I agree. Over-generalisation. Given that there seemed other problems, > did any OSL-

Re: "Open Software License" and patent/reciprocity issues

2003-11-17 Thread MJ Ray
On 2003-11-17 18:46:53 + Andrew Suffield <[EMAIL PROTECTED]> wrote: I think this one's non-free too. It's certainly absurdly overbearing. I agree. Over-generalisation. Given that there seemed other problems, did any OSL-covered software get into main yet? Reading past discussions, I se

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

2003-11-17 Thread Brian T. Sniffen
John Goerzen <[EMAIL PROTECTED]> writes: > On Mon, Nov 17, 2003 at 11:36:10AM -0500, Brian T. Sniffen wrote: >> If the lawsuit filed against you has *no* merit, that's true. But in >> practice, given the current broken state of the American patent law >> system, it's much, much cheaper to counter

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

2003-11-17 Thread Glenn Maynard
On Mon, Nov 17, 2003 at 01:17:23PM -0500, Brian T. Sniffen wrote: > What's currently there attempts to use the usefulness of Apache to buy > non-enforcement of software patents elsewhere, which I believe is > inappropriate for Free Software. If that's all it did, I'd be fine with it. However, I d

"Open Software License" and patent/reciprocity issues

2003-11-17 Thread Andrew Suffield
http://www.opensource.org/licenses/osl.php We did this one a few months back, but nobody raised the patent/reciprocity thing at that time. Here's the offending clause: 10) Mutual Termination for Patent Action. This License shall terminate automatically and You may no longer exercise any of the ri

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

2003-11-17 Thread Andrew Suffield
On Mon, Nov 17, 2003 at 10:15:40AM -0800, Ken Arromdee wrote: > On Mon, 17 Nov 2003, Andrew Suffield wrote: > > (And this still applies just as much to software licenses. It is > > *hard* to gain a copyright license; you have to create the work. To > > gain a software patent, you merely have to des

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

2003-11-17 Thread Brian T. Sniffen
Glenn Maynard <[EMAIL PROTECTED]> writes: > Added license@apache.org to this subthread, since my final question is > directed to them. Please CC debian-legal on replies. > > On Mon, Nov 17, 2003 at 11:36:10AM -0500, Brian T. Sniffen wrote: >> This isn't nice, it isn't good, it isn't right -- but

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

2003-11-17 Thread Ken Arromdee
On Mon, 17 Nov 2003, Andrew Suffield wrote: > (And this still applies just as much to software licenses. It is > *hard* to gain a copyright license; you have to create the work. To > gain a software patent, you merely have to describe the general method > by which you could create it. I find it hig

Re: DFSG-freeness of Apache Software Licenses

2003-11-17 Thread Joe Schaefer
[debian-legal folks, please cc: [EMAIL PROTECTED] Thanks.] Anthony DeRobertis <[EMAIL PROTECTED]> writes: > On Sun, 2003-11-16 at 12:15, Joe Schaefer wrote: > > Anthony DeRobertis <[EMAIL PROTECTED]> writes: > > > > > On Fri, 2003-11-14 at 14:02, Roy T. Fielding wrote: > > > > > > > The act of

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

2003-11-17 Thread Glenn Maynard
Added license@apache.org to this subthread, since my final question is directed to them. Please CC debian-legal on replies. On Mon, Nov 17, 2003 at 11:36:10AM -0500, Brian T. Sniffen wrote: > This isn't nice, it isn't good, it isn't right -- but it isn't > Debian's fight, or Apache's, and this is

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

2003-11-17 Thread Arnoud Engelfriet
Brian T. Sniffen wrote: >5. Reciprocity. If You institute patent litigation against a > Contributor with respect to a patent applicable to software > (including a cross-claim or counterclaim in a lawsuit), then any > patent licenses granted by that Contributor to You under thi

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

2003-11-17 Thread John Goerzen
On Mon, Nov 17, 2003 at 11:36:10AM -0500, Brian T. Sniffen wrote: > If the lawsuit filed against you has *no* merit, that's true. But in > practice, given the current broken state of the American patent law > system, it's much, much cheaper to countersue and work out a quick > settlement -- even i

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

2003-11-17 Thread Brian T. Sniffen
John Goerzen <[EMAIL PROTECTED]> writes: > 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 soft

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

2003-11-17 Thread Brian T. Sniffen
Glenn Maynard <[EMAIL PROTECTED]> writes: > On Mon, Nov 17, 2003 at 08:19:01AM -0500, Joe Moore wrote: >> Here's a bit from a hypothetical software license: >>In addition, by using this software, you grant to the Original Author a >> non-exclusive right to use, modify, and/or distribute any wo

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

2003-11-17 Thread John Goerzen
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 Apac

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

2003-11-17 Thread Glenn Maynard
On Mon, Nov 17, 2003 at 08:19:01AM -0500, Joe Moore wrote: > Here's a bit from a hypothetical software license: >In addition, by using this software, you grant to the Original Author a > non-exclusive right to use, modify, and/or distribute any work of which you > own copyright, for as long as

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

2003-11-17 Thread Brian T. Sniffen
Glenn Maynard <[EMAIL PROTECTED]> writes: > On Mon, Nov 17, 2003 at 06:02:12AM +, Andrew Suffield wrote: >> Finally, it is totally unacceptable to tie this into a software >> copyright license, such that accepting the license affects the status >> of your own patents. That's non-free however y

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

2003-11-17 Thread Glenn Maynard
On Mon, Nov 17, 2003 at 06:02:12AM +, Andrew Suffield wrote: > Finally, it is totally unacceptable to tie this into a software > copyright license, such that accepting the license affects the status > of your own patents. That's non-free however you look at it. Your own patents are only affect

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

2003-11-17 Thread Joe Moore
Andrew Suffield said: > Finally, it is totally unacceptable to tie this into a software > copyright license, such that accepting the license affects the status > of your own patents. That's non-free however you look at it. This made me think of an analogy: Here's a bit from a hypothetical softwar

Re: Proposed Apache license & patent/reciprocity issues

2003-11-17 Thread Anthony DeRobertis
On Nov 16, 2003, at 16:23, Sam Hartman wrote: Anthony> I missed that one. You have a good point there... I don't Anthony> know how to answer that one, or why it is done Anthony> differently than 2(b). Here is how the FSF explains it. If you disagree with the following, please cite

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

2003-11-17 Thread Matthew Palmer
On Mon, Nov 17, 2003 at 06:02:12AM +, Andrew Suffield wrote: > gain a software patent, you merely have to describe the general method > by which you could create it. I find it highly unlikely that patent > lawyers cost appreciably more than software developers) While I agree with your general

Re: Any legal issues when copying an API?

2003-11-17 Thread Nathanael Nerode
I wonder if there are any legal issues if I took the description of the api and implemented my only library, which would be for my purposes a sufficient replacement. "Clean room" reimplementation is legally safe (in most countries, anyway). For instance, if you take a free program designed to

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

2003-11-17 Thread Andrew Suffield
On Sat, Nov 15, 2003 at 12:19:35AM +0100, Henning Makholm wrote: > > The argument proposed was attempting to say "No company is ever going > > to grant free patent licenses"; I pointed out the argument applies > > equally to software > > And I point out that it doesn't. If the company patent their