Subject: Re: APSL 1.1 available for comment.
From: Brian Behlendorf <brian@hyperreal.org>
Date: Mon, 19 Apr 1999 22:50:08 -0700 (PDT)

On Mon, 19 Apr 1999, Ean R . Schuessler wrote:
> On Mon, Apr 19, 1999 at 09:21:42PM -0700, Brian Behlendorf wrote:
> > Note that the last sentence of section 9.1 explicitly allows you to
> > address the patent issue in that code yourself.  So even if they "play
> > dead", if the code is important to you, you can fight for the patent
> > yourself, and if you win, continue to use the code.  At least that's my
> > reading.
> 
> But that is ever so blurry. Apple owns the copyright to the code
> which has been suspended. The other party owns the patent. It
> doesn't seem clear to me which "rights" you would be securing from
> the other party.

You secure the patent rights.  Then, Apple's code withdrawal no longer
applies to you, because "nothing in this License shall be construed to
restrict You, at Your option and subject to applicable law, from replacing
the Affected Original Code with non-infringing code or independently
negotiating for necessary rights from such third party".  That "nothing in
this License shall be construed" is the key.

	Brian