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From Stefano Mazzocchi <stef...@apache.org>
Subject Re: Contributing PHP port of JSR 170
Date Sat, 11 Jun 2005 10:40:27 GMT
David Nuescheler wrote:
>>I would agree in general, but IIRC Sun is not happy about JSR's being
>>copied to other platforms. In particular, I heard that a JDO vendor who
>>ported their project to .Net was threatened with a lawsuit and had to
>>withdraw. I would recommend that you check the legalities of it before
>>doing too much work.
> 
> 
> interesting aspect. i think we should certainly look into that.
> 
> i think since sun as the spec-lead of jdo is the owner of the intellectual
> property of the jdo spec they are in a position to do that.
> 
> i can assure you that we as the spec-lead of jsr-170 have no 
> intention to sue anybody who ports jsr-170 to a different language, 
> as a matter of fact we are encouraging it ;)
> 
> additionally, since we license the jsr-170 under the apache license some
> of the licensing terms should already be taken care of... right?
> 
> of course i am not a lawyer so i may be completely wrong here...
> maybe some of the more licensing savvy people can help us here.
> 
> regards,
> david
> 
> .ps: if someone would like to contribute a .NET port of jsr-170...
> of course subject to the concerns that rickard raised.

I don't know the licensing terms used to on the IP of the JDO JSR, but
JSR 170 (both IP, TCK and code) is licensed under a license that is (or
is very very similar) to the Apache License 2.0. There is *NOTHING* in
the Apache License 2.0 that is technologically specific (if so, it would
not be an OSI-compliant license).

This means that nobody, either Day, Sun or anybody else, would be able
to persecute you if you wanted to take the IP contained in the JSR 170
spec and use it to implement something similar in another language.

The only thing would be the 'trademark' on JSR 170, which is actually
owned by the JCP (even if I doubt that even this could be enforced,
since you can't trademark numbers). So, the JCP might try to stop you
from calling it "JSR 170 in PHP", but it would be quite a stretch IMO,
if you just said "this is a content repository API for PHP, modelled
after the Java Content Repository API". That can be considered fair use
of the trademark.

In short, don't worry.

-- 
Stefano.


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