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From "Roy T. Fielding" <field...@gbiv.com>
Subject Re: [proposal] Oscar OSGi Project
Date Sat, 16 Jul 2005 18:45:37 GMT
On Jul 15, 2005, at 11:34 AM, Alex Karasulu wrote:
> Roy T. Fielding wrote:
>> The OSGi community appears, from their own materials, to be a
>> closed-circle consortium with a RAND-based cross-licensing
>> agreement to members, in which OSGi's ability to license invented
>> materials is limited to licenses to other members.
>>
>> Could you please explain how OSGi intends to comply with the
>> Apache contributor license agreement at
>>
>>    http://www.apache.org/licenses/cla-corporate.txt
>>
>> Will all of the OSGi members be signing that agreement, or at
>> least those with IP claims on the code/specifications?
>>
> As usual Roy some very good questions.  At this point (need to 
> research this further) we realize OSGi is a closed Alliance.  However 
> note that our goal is not to become a member of OSGi but rather to 
> implement a specification.  OSGi specifications are free to implement. 
>  Like the RFC process the specifications are crafted by a closed 
> group.  However anyone can implement these specifications.

I don't see how you came to that conclusion.

> The license to review is the one in  the specification  documentation, 
> which in essence says nothing other than the fact that you are NOT 
> indemnified against IP claims, which is standard CYA by the OSGi 
> Alliance.

It says nothing.  It doesn't even provide a license to copy or make
derivative work.  There is zero license there, only a disclaimer.

> The OSGi Alliance makes member companies declare up front any IP 
> claims, and none of them have.  Leaving the specification license as a 
> CYA.   Also please note that Oscar and KnoplerFish are OSS 
> implementations of that specification that have been around for 5 
> years now.  This suggests there are no IP restrictions on implementing 
> the specification.

No, it doesn't suggest anything of the sort.  That's like saying
that it is legal in California to drive 90 miles per hour just
because you saw a police car drive that fast.

>   Also note Roy that our intention is to unify the Oscar and 
> KnoplerFish communities with a single effort at the ASF.  These 
> communities already exist with existing code bases.  Our mission is to 
> bring this all together in one place.

Great, no problem there.  However, please be aware that this project
will not leave incubation until every single contributor of IP has
executed a CLA with the ASF, just like every other incubated project.

Unlike the others, you have a screwball situation here because the
OSGi member agreement does not allow OSGi to license the technology
to non-members.  The only rights that OSGi can license to the ASF is
to technology that their own employees created alone.  They will
have to get permission from the members involved in creating the
rest of the technology in order to for us to redistribute it.

....Roy


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