[Fiware-legal] FI-WARE LEGAL NOTICE

[robert.sarrazin at orange.com]

" Dear Juanjo and all

Thank you for your e mail and to consider our arguments related to the " implicit patent grant"

You propose to rename the heading of  a paragraph as follows "Copyright and implicit patent license", but on the other hand the content of such paragraph states only a licence "under its respective copyrights incorporated in the Specification".  Hence, there is no grant of any patent right in such paragraph, i.e. to make, have made, use, sell, import.  So we do not think this solves the problem.

In our opinion, the only notice which gives legal certainty is the legal Notice with explicit patent grant (with the modification we proposed - see our previous e-mail)  and therefore it is safer for a potential implementer because the scope of the license related to patents  is defined with precision in this case.

Therefore we have a strong preference for the explicit patent grant, because a so called implicit patent grant  is  really risky in our opinion  both for implementers and patents holders.

Moreover we propose that the acceptance of the license should be executed by clicking on a download button.


So, something along the following lines could be considered, as an alternative,  in the legal notice with explicit patent grant  , provided the definition of Essential Patent be adopted as proposed earlier:


2. Copyright and Essential Patent rights License
The IPR Holders  in this Specification hereby grant you, the individual or legal entity exercising permissions granted by this License by clicking on your acceptance of all of the terms and conditions below, a fully-paid up, non-exclusive, nontransferable, perpetual, worldwide, royalty free (without the right to sublicense) license under their respective copyrights and Essential Patent rights incorporated in the Specification, to copy this Specification, and to make, have made, sell, import and use a software implementation fully compliant with this Specification.

IPR Holders: Intellectual Property Rights  Holders of this FI-WARE <NAME OF SPECIFICATION> Open Specification are the Party or Parties identified as the copyright / Essential patent owners   on the wiki page of this open specification

Specification Essential Patent: "Specification Essential Patents" shall mean patents and patent applications, which are necessarily infringed by an implementation compliant with the Specification and which are owned by any of the IPR  Holders of this Specification . "Necessarily infringed" shall mean that no technical  alternative exists to avoid infringement.


Best regards




De : SARRAZIN Robert SG/DJ
Envoyé : mercredi 22 mai 2013 18:19
À : RAES Serge OLNC/OLPS
Objet : RE: [Fiware-legal] FI-WARE LEGAL NOTICE


De : fiware-legal-bounces at lists.fi-ware.eu [mailto:fiware-legal-bounces at lists.fi-ware.eu] De la part de Juanjo Hierro
Envoyé : mercredi 22 mai 2013 08:18
À : fiware-legal at lists.fi-ware.eu
Objet : Re: [Fiware-legal] FI-WARE LEGAL NOTICE

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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