[Fiware-legal] FI-WARE LEGAL NOTICE

[Juanjo Hierro]

On 21/05/13 15:11, robert.sarrazin at orange.com<mailto:robert.sarrazin at orange.com> wrote:
Dear Luis,

Thank you Luis for your efforts and for your new proposal.

However as pointed out earlier, with respect to the so called " implicit patent grant  " we have serious doubts that this  legal notice might indeed include any " implicit patent grant"  as only a copyright license is defined and it is clearly stated in such legal notice  that  "For avoidance of doubt, the rights granted are only those expressly stated in this Section herein. No other rights of any kind are granted by implication, estoppel, waiver or otherwise  ".

  The implicit patent grant is given because of the wording marked in bold:

  " ... the Copyright Holders in this Specification hereby grant you, the individual or legal entity exercising permissions granted by this License, a fully-paid up, non-exclusive, nontransferable, perpetual, worldwide, royalty free (without the right to sublicense) license under its respective copyrights incorporated in the Specification ...  to create and distribute ...  software that is an implementation of this Specification."

  In my honest opinion, very clear.

  A possibility, though, is to re-title the section where this paragraph is present to be titled "Copyright and implicit patent license" in the case of the "implicit patent grant" legal notice.

  Note that it is up to Orange to go for the "explicit patent grant" license if things are still unclear to you.   I can tell you that Telefonica will push for the "implicit patent grant" license in the Open Specifications they are copyright owners because, in our honest opinion, that is the Legal Notice that gives more clear grants to the potential implementors of the specs.   In my opinion, if I would be a potential implementor of a FI-WARE GE Open Specifications, I would feel more safe implementing products in compliance with the FI-WARE GE Open Specifications that are associated to the "implicit patent grant" license.  But that is, of course, my personal opinion.

  As for regard the statement that says:
For avoidance of doubt, the rights granted are only those expressly stated in this Section herein. No other rights of any kind are granted by implication, estoppel, waiver or otherwise

  I have proposed Luis to replace "Section" by "Legal Notice" to avoid misinterpretations:
For avoidance of doubt, the rights granted are only those expressly stated in this Legal Notice herein. No other rights of any kind are granted by implication, estoppel, waiver or otherwise

  We haven't been the only ones that noticed that we had to fix this, so we will fix it.    BTW, this is something to be fixed both in the "implicit patent grant" Legal Notice and the "explicit patent grant" Legal Notice.

  Best regards,

-- Juanjo



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