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Apple is patenting Swift features

forums.swift.org

1–10 of 223 posts

Re: Apple is patenting Swift features

#2
These patents seem to be a countermeasure against patent trolls, since the code uses the Apache license. Quoting from link:

> Apache license gives the right to use patents required to use the code (assuming the original author had those rights), and the code implementing optional chaining in the compiler is Apache licensed. So, the only thing Apple having a patent on optional chaining does is to stop frivolous suits from patent trolls. It can't be used for any kind of nefarious power play by Apple, which is what OP was worried about.

Re: Apple is patenting Swift features

#4
post #2

These patents seem to be a countermeasure against patent trolls, since the code uses the Apache license. Quoting from link: > Apache license gives the right to use patents required to use the code (assuming the original author had those rights), and the code implementing optional chaining in the compiler is Apache licensed. So, the only thing Apple having a patent on optional chaining does is to stop frivolous suits…

To echo a comment in the linked thread: what does the Apache license say about other implementations? If I want to create my own implementation of the Swift compiler, or create another language with optional chaining, would this license protect me? Or does it only protect the use of this implementation?

Re: Apple is patenting Swift features

#5
post #2

These patents seem to be a countermeasure against patent trolls, since the code uses the Apache license. Quoting from link: > Apache license gives the right to use patents required to use the code (assuming the original author had those rights), and the code implementing optional chaining in the compiler is Apache licensed. So, the only thing Apple having a patent on optional chaining does is to stop frivolous suits…

Thats not the only thing, no? Doesn't it also prevent e.g. other people/company from including that feature in their own programming language that doesn't use Swift at all?

Re: Apple is patenting Swift features

#6
post #4
post #2

These patents seem to be a countermeasure against patent trolls, since the code uses the Apache license. Quoting from link: > Apache license gives the right to use patents required to use the code (assuming the original author had those rights), and the code implementing optional chaining in the compiler is Apache licensed. So, the only thing Apple having a patent on optional chaining does is to stop frivolous suits…

To echo a comment in the linked thread: what does the Apache license say about other implementations? If I want to create my own implementation of the Swift compiler, or create another language with optional chaining, would this license protect me? Or does it only protect the use of this implementation?

Well, given that Rust and C# also have these features I think the likelihood that the patent is upheld is unlikely. I guess they could threaten you with it since lawyers are expensive, but it seems silly to me.

Re: Apple is patenting Swift features

#7
post #5
post #2

These patents seem to be a countermeasure against patent trolls, since the code uses the Apache license. Quoting from link: > Apache license gives the right to use patents required to use the code (assuming the original author had those rights), and the code implementing optional chaining in the compiler is Apache licensed. So, the only thing Apple having a patent on optional chaining does is to stop frivolous suits…

Thats not the only thing, no? Doesn't it also prevent e.g. other people/company from including that feature in their own programming language that doesn't use Swift at all?

Only if those people compete with Apple's profits.

Re: Apple is patenting Swift features

#8
post #4
post #2

These patents seem to be a countermeasure against patent trolls, since the code uses the Apache license. Quoting from link: > Apache license gives the right to use patents required to use the code (assuming the original author had those rights), and the code implementing optional chaining in the compiler is Apache licensed. So, the only thing Apple having a patent on optional chaining does is to stop frivolous suits…

To echo a comment in the linked thread: what does the Apache license say about other implementations? If I want to create my own implementation of the Swift compiler, or create another language with optional chaining, would this license protect me? Or does it only protect the use of this implementation?

The Apache license covers derived works.

So if you fork Swift, you’re covered. If you don’t form Swift, then you’re not covered.

Note that the Apache license is much stronger / better than the PATENTS.txt files accompanying projects like those from Microsoft / Facebook, because those usually don’t cover forks and are designed to protect the parent company.

Re: Apple is patenting Swift features

#9
post #5
post #2

These patents seem to be a countermeasure against patent trolls, since the code uses the Apache license. Quoting from link: > Apache license gives the right to use patents required to use the code (assuming the original author had those rights), and the code implementing optional chaining in the compiler is Apache licensed. So, the only thing Apple having a patent on optional chaining does is to stop frivolous suits…

Thats not the only thing, no? Doesn't it also prevent e.g. other people/company from including that feature in their own programming language that doesn't use Swift at all?

--edit-- see below comments.. this may not be so simple.

No. The Apache License 2.0 does not work that way. You are allowed to copy and use everything in the Swift language to your own liking in a similar manner to the MIT and BSD permissive licenses. However if you then try and begin a lawsuit against Apple for anything in what you copied, your rights are terminated, therefore invalidating your suit. The Apache License also gives you access to the patents in the language. It's a bit of a hack like GPL is, except that you are allowed to do just about anything with the code except sue.

The license, at least the way I see it, is a signal that Apple isn't in the business of patenting language features. In fact, in a way, Apple is using their resources to gobble up space that patent trolls can never again exploit. Once a patented feature is released under Apache 2.0, I know of no way that it can be undone.

Re: Apple is patenting Swift features

#10
post #2

These patents seem to be a countermeasure against patent trolls, since the code uses the Apache license. Quoting from link: > Apache license gives the right to use patents required to use the code (assuming the original author had those rights), and the code implementing optional chaining in the compiler is Apache licensed. So, the only thing Apple having a patent on optional chaining does is to stop frivolous suits…

I'm not too knowledgeable about patents, but maybe we need a "liberal" patent? Something that can't be used to sue other people, but protects you from being sued.
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