> Further, there is potential for the patent indemnity clause to make litigation murky - for example, if a patent is covered by this license, but a user further expands the code in an 'infringing' capacity, or infringes elsewhere, the indemnity provided by the base code might protect them against litigation where it is actually warranted..
Yeah, this is an issue with Apache 2 License. Say, the user can take only the patented code (and modify to meet his/her needs) and keep the rest of the code to have any license (including proprietary), and the user is at the safe side.
In the case the code is licensed under GNU [A]GPLv3, the whole (modified and linked) code requires to be in [A]GPLv3. So no non-free derivations possible. If the user didn't free the code, the original author (who owns the patent AND wrote the [A]GPLv3 code) can sue the user (because the user has violated GNU [A]GPL).
Yeah, this is an issue with Apache 2 License. Say, the user can take only the patented code (and modify to meet his/her needs) and keep the rest of the code to have any license (including proprietary), and the user is at the safe side.
In the case the code is licensed under GNU [A]GPLv3, the whole (modified and linked) code requires to be in [A]GPLv3. So no non-free derivations possible. If the user didn't free the code, the original author (who owns the patent AND wrote the [A]GPLv3 code) can sue the user (because the user has violated GNU [A]GPL).