Re: [jakarta.ee-spec.committee] Code-First IP flow?

["Kevin Sutter" <sutter@xxxxxxxxxx>]

Thanks, Mike!  That helped with my
understanding.

---------------------------------------------------
Kevin Sutter 
STSM, MicroProfile and Java EE architect
e-mail:  sutter@xxxxxxxxxx     Twitter:  @kwsutter
phone: tl-553-3620 (office), 507-253-3620 (office)    
LinkedIn: https://www.linkedin.com/in/kevinwsutter



From:      
 Mike Milinkovich <mike.milinkovich@xxxxxxxxxxxxxxxxxxxxxx>
To:      
 jakarta.ee-spec.committee@xxxxxxxxxxx
Date:      
 05/31/2018 01:46 PM
Subject:    
   Re: [jakarta.ee-spec.committee]
Code-First IP flow?
Sent by:    
   jakarta.ee-spec.committee-bounces@xxxxxxxxxxx

---

On 2018-05-31 4:52 AM, Steve Millidge (Payara) wrote:
Can someone clarify the subtle IP point we are arguing
here. I thought the ASL or EPL provided a copyright and patent license?
Are people discussing incorporating the API JAR in a compatible implementation
or recreating the API jar from scratch?

Here is the fundamental difference between open source (ALv2 and EPL) and open standards as they apply to patent licensing.

Contributions to open source come with a royalty-free patent license for all of the contributor's patents that read on their contributions or the combination of their contributions and the program as of the day the contribution is made. The patent license applies solely to the implementation the contributions are made to, or derivative works thereof. This is a quite limited royalty-free patent license.

Contributions to open standards (at least the way we're going to do it) come with a royalty-free patent license for all of the contributor's patents that would necessarily be infringed by anyimplementation of the entire standard. So the patent license is not related to their contributions; it is related to the scope of the specification. This is a much broader royalty-free patent license. It also explains the lawyerly interest in the scope statement for a specification.

Does that help?

--
Mike Milinkovich
mike.milinkovich@xxxxxxxxxxxxxxxxxxxxxx
(m) +1.613.220.3223
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