[llvm-dev] RFC #3: Improving license & patent issues in the LLVM community

Daniel Berlin via llvm-dev llvm-dev at lists.llvm.org
Sun Apr 23 09:19:58 PDT 2017

On Sun, Apr 23, 2017 at 9:15 AM, André Jansen Medeiros Villar via llvm-dev <
llvm-dev at lists.llvm.org> wrote:

> 2017-04-23 12:50 GMT-03:00 Mark Kettenis via llvm-dev <
> llvm-dev at lists.llvm.org>:
>> In particular, if you use code under the Apache 2 license,
>>   some of your rights will terminate if you claim in court that the
>>   code violates a patent.
> I'm really ignorant of the legal nuances but this is my question:
> Isn't it irrelevant what the licence says in this case?

> The limitation of rights happens anyways, because patent law trumps
> copyright law, no ?


But note, the license only terminates patent rights, not copyright ones.
So to the degree there were no patents involved, it has terminated nothing.

> I am making an honest question, not intended to sparkle a flame war or to
> be trollish. With that said I will recognize here
> that i do not agree with with the openBSD or even the the GPLv3 folks.
> Also could you suggest what kind of alteration would make you guys happy
> and still provide for patent protection for individuals and corporations?
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