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From "Paul Fremantle" <pzf...@gmail.com>
Subject Re: NMS
Date Thu, 07 Jun 2007 13:34:35 GMT
Hiram


> I guess you are referring to the license to that allows a person to
> hold a copy of the JMS spec.  I wonder if violating/terminating the
> that license IP taints any work created using Ideas obtain from it.
> Since this seems to be in the Idea category... I would have thought
> that there would need some patents in place to enforce it.

Not really. Once you agree to a contract (like that license) its
simply contract law, AFAIK.


> > at the JMS specification. Secondly the JMS copyright. Since, as far as
> > I can see, NMS is likely to be a "derived work" of JMS it is also
> > likely that it breaches the copyright of the spec.
> >
>
> I can assure you that no copying has taken place.  NMS was initially
> not an abstract messaging API.  It was just an API to the .NET client
> implementation for ActiveMQ.  Once that started to take shape an
> abstract API that has the same domain model as JMS was extracted from
> the implementation.   It would be more accurate to say that NMS is a
> derived work of an ActiveMQ client.

Yes, but where did the ActiveMQ design come from? Since ActiveMQ was
designed - as I understand it - as an implementation of the JMS spec,
then it is itself a derived work of the JMS spec, and therefore NMS is
a derived work too. Now the JMS Spec license allows you to create
derived works, as long as they are Java implementations, so ActiveMQ
as a JMS server is covered, but that coverage doesn't apply to NMS
because Sun specifically limited the license.

Regards,
Paul


> > On 6/7/07, Hiram Chirino <hiram@hiramchirino.com> wrote:
> > > I ceased use of and destroyed my copy of the Specification years ago =)
> > >
> > > But seriously, what kind of IP is it that is being violated?
> > > copyright? patent? or some other kind that I'm not aware of?
> > >
> > > Regards,
> > > Hiram
> > >
> > > On 6/1/07, Arnaud Simon <asimon@redhat.com> wrote:
> > > > Hello,
> > > >
> > > > We have been thinking about implementing the NMS API as part of the
> > > > QPID .Net client. However we are concerned about potential legal issues.
> > > > It seems to me that the NMS API is very similar to the JMS one but the
> > > > JMS specification specifically licenses the technology "only for Java".
> > > >
> > > > This is the relevant license, copied directly from the JMS Spec
> > > > document:
> > > >
> > > > "Subject to the terms and conditions of this license, Sun hereby grants
> > > > you a fully-paid, non-exclusive, non-transferable, worldwide, limited
> > > > license (without the right to sublicense) under Sun's intellectual
> > > > property rights to review the Specification internally solely for the
> > > > purpose of designing and developing your Java applets and applications
> > > > intended to run on the Java platform. Other than this limited license,
> > > > you acquire no right, title or interest in or to the Specification or
> > > > any other Sun intellectual property. The Specification contains the
> > > > proprietary information of Sun and may only be used in accordance with
> > > > the license terms set forth herein. This license will terminate
> > > > immediately without notice from Sun if you fail to comply with any
> > > > provision of this license. Upon termination or expiration of this
> > > > license, you must cease use of or destroy the Specification."
> > > >
> > > > Does anybody know if this concern has already been raised?
> > > >
> > > > Regards
> > > >
> > > > Arnaud
> > > >
> > > >
> > > >
> > > > ---------------------------------------------------------------------
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> > > >
> > > >
> > >
> > >
> > > --
> > > Regards,
> > > Hiram
> > >
> > > Blog: http://hiramchirino.com
> > >
> > > ---------------------------------------------------------------------
> > > To unsubscribe, e-mail: general-unsubscribe@incubator.apache.org
> > > For additional commands, e-mail: general-help@incubator.apache.org
> > >
> > >
> >
> >
> > --
> > Paul Fremantle
> > Co-Founder and VP of Technical Sales, WSO2
> > OASIS WS-RX TC Co-chair
> >
> > blog: http://pzf.fremantle.org
> > paul@wso2.com
> >
> > "Oxygenating the Web Service Platform", www.wso2.com
> >
> > ---------------------------------------------------------------------
> > DISCLAIMER: Discussions on this list are informational and educational
> > only.  Statements made on this list are not privileged, do not
> > constitute legal advice, and do not necessarily reflect the opinions
> > and policies of the ASF.  See <http://www.apache.org/licenses/> for
> > official ASF policies and documents.
> > ---------------------------------------------------------------------
> > To unsubscribe, e-mail: legal-discuss-unsubscribe@apache.org
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> >
> >
>
>
> --
> Regards,
> Hiram
>
> Blog: http://hiramchirino.com
>


-- 
Paul Fremantle
Co-Founder and VP of Technical Sales, WSO2
OASIS WS-RX TC Co-chair

blog: http://pzf.fremantle.org
paul@wso2.com

"Oxygenating the Web Service Platform", www.wso2.com

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