6.2.7. License Grants from Non-Participants has language which says that for a change in class 4, the Team must secure a royalty free patent commitment from parties not already obligated under the Patent Policy.
The implication seems to be that if this commitment cannot be secured, then the proposed change cannot be integrated. No ifs, no buts, no exceptions. Even if, for instance, a patent search indicates that the contributor has no patent on the matter, if they're non responsive after making their proposal, we may be unable to do anything with it.
This may be a little too strict, and maybe we should add something at the end of this section indicating that if the requirements of the section are not fulfilled, the proposed change must not be integrated, but that a PAG can be convened to consider granting an exception, if the group really wants to integrate the contribution anyway. Then again, a PAG may not be the right tool if no patent/essential claim has been identified, and we're merely lacking royalty-free patent commitment in case they do exist.
(This is somewhat related to, but also reasonably separate from #1129, since the "must secure" language predates that pull request.)
cc: @fantasai
6.2.7. License Grants from Non-Participants has language which says that for a change in class 4, the Team must secure a royalty free patent commitment from parties not already obligated under the Patent Policy.
The implication seems to be that if this commitment cannot be secured, then the proposed change cannot be integrated. No ifs, no buts, no exceptions. Even if, for instance, a patent search indicates that the contributor has no patent on the matter, if they're non responsive after making their proposal, we may be unable to do anything with it.
This may be a little too strict, and maybe we should add something at the end of this section indicating that if the requirements of the section are not fulfilled, the proposed change must not be integrated, but that a PAG can be convened to consider granting an exception, if the group really wants to integrate the contribution anyway. Then again, a PAG may not be the right tool if no patent/essential claim has been identified, and we're merely lacking royalty-free patent commitment in case they do exist.
(This is somewhat related to, but also reasonably separate from #1129, since the "must secure" language predates that pull request.)
cc: @fantasai