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From David Nalley <>
Subject Re: [PROPOSAL][RFC] CloudStack for the Apache Incubator
Date Wed, 04 Apr 2012 01:37:10 GMT
On Tue, Apr 3, 2012 at 3:34 PM, Donald Whytock <> wrote:
> On Tue, Apr 3, 2012 at 3:06 PM, David Nalley <> wrote:
>> On Tue, Apr 3, 2012 at 2:09 PM, Donald Whytock <> wrote:
>>> Plan"...What do the patents cover/restrict?  Is a patent even
>>> compatible with ALv2?
>> Speaking only for myself, Section 3 of ALv2 seems to address patents
>> held by contributors. Or am I misunderstanding the concern around
>> patents?
> No, if I'm reading ALv2 section 3 right, that essentially says people
> that use the ALv2-licensed material are granted the right to use the
> material in the same way that they would if the contributor of the
> material had a patent on it and granted license to that patent.  The
> proposal, on the other hand, says Citrix has filed for patents on the
> material they're donating and will continue to do so.  I'm wondering
> what they think the patents are intended to accomplish if, by the ALv2
> license, just about anyone is permitted to do just about anything with
> the code.
> Don (who INAL)

Hi Don,

IANAL either, just trying to understand the concern.

So for better or worse software patents exist, as least for those of
us in the US, and I, like the vast majority of folks wish they didn't.
But they do, and while ALv2 seems to remove enforcement opportunities,
it would seem to still provide some defensive patent protection. (e.g.
a proprietary software company trying to enforce patents), and sadly,
that's a land grab situation with first to grab being the presumptive
winner. That does make them considerably less desirable, but not
completely so.

I think Citrix is speaking of patents that they already have in
process - and potentially for things that Citrix employed developers
would develop in the future, and not for CloudStack the project in
general. (Kevin, please feel free to correct me if I am wrong.) For
better or worse I don't perceive ASF having the desire to or currently
the ability to deal with filing for patents, or even if they would be
entitled to in this situation. Based on what we both read above, there
seems to be at least the (non-lawyerly) perception that there is no
threat to users or developers from Citrix acquiring patents.

Again, I am not a lawyer, I am specifically not Citrix's lawyer, and
further I speak only for myself on this particular matter :)


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