4

While it is clear what a "Contributor" to an Apache 2.0 licensed software has to do when its work abide to the license I am struggling with what an user of an Apache 2.0 library has to do in the following situation:

The user has a patent on something that the Apache 2.0 licensed library is infringing. By preparing and distributing a work that includes the library, does the user lose exclusive rights to this patent?

Does the usage of a Apache 2.0 library in another work make the user's work a "Derivative" one?

Can the user forbid the usage of the library due to patent it holds are infringed? Is this a correct interpretation of the non-assertion clause?

  • 2
    I read your question a few times and tried to clarify what you meant by "use". Please feel free to edit more if I made any mistakes. – apsillers Oct 26 '18 at 15:29
4

The patent clause of the Apache 2.0 license is written in such a way that you can't sue someone for infringing your patent with the library and at the same time enjoy protection against patent litigation related to other patents implemented in the library.

In that way, yes you might be losing some exclusive rights by using a library that is infringing on your patent.

Your Answer

By clicking "Post Your Answer", you acknowledge that you have read our updated terms of service, privacy policy and cookie policy, and that your continued use of the website is subject to these policies.

Not the answer you're looking for? Browse other questions tagged or ask your own question.