Legal Discuss
  1. Legal Discuss
  2. LEGAL-133

Does an Apache Project with Patents pose legal risk for its users?

    Details

    • Type: Question Question
    • Status: Open
    • Priority: Major Major
    • Resolution: Unresolved
    • Labels:
      None

      Description

      Company-A contributes code to Project-X under Apache License, and has patents on the technology contributed.
      This is permitted [e.g. Citrix having patents related to CloudStack].

      Company-B now downloads Project-X, and starts using it.
      Due to business reasons, Company-B forks Project-X, and starts maintaining a private branch with private changes [which is permissible under Apache License].
      Company-B is using the software commercially.

      Is this a patent violation?

      Note that there is no list of patents for Project-X maintained anywhere, and Company-B is not aware of Company-A patents which it may be infringing upon in private-fork of Project-X.

        Activity

        Priyank Rastogi made changes -
        Description Company-A contributes code to Project-X under Apache License, and has patents on the technology contributed.
        This is permitted [e.g. Citrix having patents related to CloudStack].

        Company-B now downloads Project-X, and starts using it.
        Due to business reasons, Company-B forks Project-X, and starts maintaining a private branch with private changes [which is permissible under Apache License].
        Company-B is using the software commercially.

        Is this a patent violation?

        Note that there is no list of patents for Project-X maintained anywhere, and Company-B is not aware of Company-A patents which it may be using in private-fork of Project-X.
        Company-A contributes code to Project-X under Apache License, and has patents on the technology contributed.
        This is permitted [e.g. Citrix having patents related to CloudStack].

        Company-B now downloads Project-X, and starts using it.
        Due to business reasons, Company-B forks Project-X, and starts maintaining a private branch with private changes [which is permissible under Apache License].
        Company-B is using the software commercially.

        Is this a patent violation?

        Note that there is no list of patents for Project-X maintained anywhere, and Company-B is not aware of Company-A patents which it may be infringing upon in private-fork of Project-X.
        Priyank Rastogi made changes -
        Field Original Value New Value
        Summary Patents and Apache License Does an Apache Project with Patents pose legal risk for its users?
        Description Company-A contributes code to Project-X under Apache License, and has patents on the technology contributed.

        Company-B downloads Project-X, and starts using it.
        Due to business reasons, Company-B forks Project-X, and starts maintaining a private branch with private changes [which is permissible under Apache License].
        Company-B is using the software commercially.

        Is this a patent violation?

        Note that there is no list of patents for Project-X maintained anywhere, and Company-B is not aware of Company-A patents which it may be using in private-fork of Project-X.
        Company-A contributes code to Project-X under Apache License, and has patents on the technology contributed.
        This is permitted [e.g. Citrix having patents related to CloudStack].

        Company-B now downloads Project-X, and starts using it.
        Due to business reasons, Company-B forks Project-X, and starts maintaining a private branch with private changes [which is permissible under Apache License].
        Company-B is using the software commercially.

        Is this a patent violation?

        Note that there is no list of patents for Project-X maintained anywhere, and Company-B is not aware of Company-A patents which it may be using in private-fork of Project-X.
        Priyank Rastogi created issue -

          People

          • Assignee:
            Unassigned
            Reporter:
            Priyank Rastogi
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            Dates

            • Created:
              Updated:

              Development