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Version 2 of the Apple Public Source License includes the following termination clause: 12.1 Termination. This License and the rights granted hereunder will t
by mjg59 10y ago
Version 2 of the Apple Public Source License includes the following termination clause:
12.1 Termination. This License and the rights granted hereunder will terminate:
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(c) automatically without notice from Apple if You, at any time during the term of this License, commence an action for patent infringement against Apple; provided that Apple did not first commence an action for patent infringement against You in that instance.
Like the React patent grant, this applies to any patent suit, not just ones that allege that the covered software infringes. The Open Source Initiative considers APSLv2 an Open Source license, and the Free Software Foundation considers it a Free Software license. Note that this clause terminates your copyright license, not merely your patent license - it's significantly stronger than the React rider.
So I think the claim that it's not open source is a bit strong, even though I find this sort of language pretty repugnant.
- TAForObvReasons 10y agoMicrosoft is not necessarily a paragon of open source, but many of their open source projects use unadulterated OS licenses. Typescript is Apache 2: https://github.com/Microsoft/TypeScript/blob/master/LICENSE.txt https://github.com/Microsoft/TypeScript/blob/master/LICENSE.... Visual Studio Code is MIT: https://github.com/Microsoft/vscode/blob/master/LICENSE.txt https://github.com/Microsoft/vscode/blob/master/LICENSE.txt
- webwalker 10y agoYou will notice that most new projects all use MIT. Apache 2 hasn't been used for anything new in the last year+.
- the_duke 10y agoHave some examples? The MIT license is problematic with software patents. I see some projects moving to Apache2 for that reason (one prominent example here is Rust. They moved to an MIT/Apache2 dual licensing model).
- jsprogrammer 10y agoWhat is the problem with the MIT license and patents? The MIT license grants explicit rights to deal in the software without restriction.
- tracker1 10y agoA copyright license is not necessarily the same as a patent grant... Apache 2 does contain a patent grant, and an even bigger nuclear deterrent similar to Facebook's separate grant with MIT.
- jsprogrammer 10y agoThe MIT license is not a copyright license (though, copyright is claimed). It is a license for unrestricted dealings in the software subject to certain conditions (no warranty or fitness, appropriate notices given, etc.).
- webwalker 10y agoHere are some that I found that are all created in that window: - https://github.com/Microsoft/Docker-PowerShell https://github.com/Microsoft/Docker-PowerShell - https://github.com/Microsoft/malmo https://github.com/Microsoft/malmo - https://github.com/Microsoft/projection-grid https://github.com/Microsoft/projection-grid - https://github.com/Microsoft/HoloToolkit-Unity https://github.com/Microsoft/HoloToolkit-Unity - https://github.com/Microsoft/pxt https://github.com/Microsoft/pxt - https://github.com/Microsoft/BotBuilder https://github.com/Microsoft/BotBuilder - https://github.com/Microsoft/elfie-arriba https://github.com/Microsoft/elfie-arriba - https://github.com/Microsoft/team-explorer-everywhere https://github.com/Microsoft/team-explorer-everywhere I could have found more, but its a big org. Any examples I found that used other licenses where that way because they where related to something else that used a previous license (i.e. all TypeScript stuff is Apache2, hence any new TS is still be Apache2 for consistency).
- clay_to_n 10y agoNot true. In the Android world, Apache 2.0 is on everything.
- webwalker 10y agoExample?
- clay_to_n 10y agoNot sure the easiest way to get a list of the top Android libraries on GitHub, but here's a sample of some that are Apache 2.0: https://github.com/ReactiveX/RxJava https://github.com/ReactiveX/RxJava http://square.github.io/retrofit/ http://square.github.io/retrofit/ http://jakewharton.github.io/butterknife/ http://jakewharton.github.io/butterknife/ FWIW, my Android app's codebase has 18 Apache 2.0 dependencies, 1 MIT and 2 BSD. Maybe since the large libraries mostly use Apache 2.0, the smaller Android devs just follow suit?
- daenney 10y agoJust about every Puppet module is published as Apache 2, it's the go to license in our ecosystem.
- petilon 10y agoApple and Facebook have "strong" patent retaliation clauses while Microsoft has a "weak" patent retaliation clause. More on strong vs weak retaliation clauses here: http://www.rosenlaw.com/lj9.htm http://www.rosenlaw.com/lj9.htm Can't believe Microsoft is the good guy here.
- baldfat 10y agoCan the unadulterated hate on Microsoft stop ESPECIALLY when you are using an Apple product. Microsoft has always had "good guys/gals" at the company. They have been in action more the good guys then anything else minus Steve Balmer's anti-Linux bias over the years.
- VeejayRampay 10y agoCan't believe you've ever thought of Apple as "the good guy".
- WildUtah 10y agoIt does not apply to any patent suit. A petition for DJ against a demand letter, for instance, would not be included. A PGR at the PTO, even when appealed to courts is not included. An interference proceeding at court against Apple is not included.
- bluejekyll 10y agoFor new projects, my understanding is that Apple is using Apache and not the APSL any longer. Swift for example. I just looked at XNU and it is still under the APSL. Does anyone know why a company would not want to go back and change the license of a project? Is it that the company doesn't have the copyright but the individual developers? Even if all the developers only worked for the primary company?
- novaleaf 10y agoeasy enough for the determined to circumvent: construct a new legal entity and transfer the ip rights to it. then the new entity files suit.
- RandomBK 10y agoIf there's money behind the case, lawyers will sue anyways, arguing that the IP shell is a related entity whose actions can be reflected upon the parent.
- DannyBee 10y agoThis sort of license is definitely open source (and common, in fact), it's just not gpl2 compatible, which is the current reason most licenses avoid it Basically: Any attempt to terminate both copyright and patent rights will be gplv2 incompatible Attempts to terminate patent rights, written in the right way, will be compatible.