[indiana-discuss] [osol-discuss] why gnu chmod in os2008.11?
Joerg Schilling
Joerg.Schilling at fokus.fraunhofer.de
Fri Jan 16 06:27:43 PST 2009
Brian Utterback <brian.utterback at sun.com> wrote:
> We had this discussion last week. The problem is in section 3 of the
> SCA, regarding the granting of patent rights. The structure and layout
> of the sentence leads to two possible interpretations, one granting
> rights to patents included in the contribution, but the other
> interpretation is that it grants rights to all patents owned by the
> contributor.
>
> As Casper is saying, strictly speaking and according to the rules of
> law, it may not be ambiguous at all. However, the fact that a
> reasonable person reading the sentence might interpret it the other
> way suggests that it could be worded better, even if a court would
> never interpret it that way.
>
> Of course, simply removing the ambiguous parts would not be an option.
> Clarifying them would be.
This is correct, but it is not only the patent sectioon but also the missing
definition of a "contribution". The latter is more important for me.
Jörg
--
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