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PROBLEMS WITH APACHE LICENSE AND OTHERS INVOLVING NON-COPYRIGHT USES

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Jul 16th, 2021
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  1. The original Apache license was similar to the Berkeley license, but the source code published under version 2 of the Apache license is subject to additional restrictions and cannot be included in OpenBSD. 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.
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  3. A license can only be considered fully permissive if it allows use by anyone for all the future without giving up any of their rights. If there are conditions that might terminate any rights in the future, or if you have to give up a right that you would otherwise have, even if exercising that right could reasonably be regarded as morally objectionable, the code is not free.
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  5. In addition, the clause about the patent license is problematic because a patent license cannot be granted under Copyright law, but only under contract law, which drags the whole license into the domain of contract law. But while Copyright law is somewhat standardized by international agreements, contract law differs wildly among jurisdictions. So what the license means in different jurisdictions may vary and is hard to predict.
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