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From Leo Simons <m...@leosimons.com>
Subject NDA issues and acceptable use of sun source (was: Re: JavaSound Was: java.sql.*)
Date Sun, 12 Feb 2006 23:46:41 GMT
Vorbis is cool :-)

Thanks for thinking this stuff through and being careful about protecting
everyone and yourself from legal mess.

IANAL. Not Legal Advice.

On Sat, Feb 11, 2006 at 12:08:20AM +0100, Tor-Einar Jarnbjo wrote:
> >Which code, and what were the terms of the NDA?  The CLA is fairly 
> >lightwieght.
> 
> Good questions, I honestly don't know. Working as a Java developer, I 
> now and then need to trace into the original source code or take a look 
> or two at the API implementation to realize why something is not working 
> as I expect. As far as I can remember, I have not done this with Sun's 
> JavaSound implementation.

If you put a notice to that effect onto your authorized contributor form
that should probably be fine. If you can't remember what bit of the
implementation you looked at, chances are you also don't remember what you
saw! Sun has repeatedly and publicly stated that this kind of usage should
not "taint" a developer.

> I don't have the NDA anymore, or am at least 
> not able to find it, having moved around several times the last ten 
> years.

Chances are that the NDA is either

 * expired, or
 * voided

Since the JDK stuff is now all mostly out in the public, and most NDAs
are effectively voided once the information they are meant to protect is
available through other means not involving an NDA.

If you want to be certain, you can probably get in touch with sun legal
and figure out if the NDA still applies, and to what. I would hope *they*
still have a copy somewhere...

> For working on a JavaSound implementation, it is probably 
> irrelevant anyway, as JavaSound was not introduced until Java 1.3 and 
> ought not to be covered by any agreement in Sun's NDA.

That sounds sensible. Based on the situation you have outlined in your
emails, I don't think we should have a problem integrating your stuff
and having you work on it here. I for sure will get pissed if this would
get us into any kind of trouble and be happy to throw some ASF legal
cycles at getting justice! :-)

cheers!

Leo


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