www-jcp-open mailing list archives

Site index · List index
Message view « Date » · « Thread »
Top « Date » · « Thread »
From Matt Hogstrom <m...@hogstrom.org>
Subject Re: [VOTE] New ASF/JCP Policies
Date Sat, 14 Jul 2007 01:08:53 GMT

On Jul 13, 2007, at 4:19 PM, Dain Sundstrom wrote:

> Given the above, Apache could choose to stop running any TCKs and  
> continue to develop and ship implementations of JSRs.
>
> A long time ago, when I was involved in TCK negotiations with Sun,  
> I remember that their biggest fear was the idea of fracture in  
> Java, and they believed that the TCKs guaranteed that the fracture  
> would not happen.  If Sun has the same fear, Apache could choose to  
> stop using TCKs and let people know that our implementations may  
> not be compliant anymore.  Users that are upset can pressure Sun to  
> change.

Not being the lawerly one perhaps I'm not understanding how one can  
ship software that implements a specification (and doesn't pass a  
TCK) based on this license from the Java EE 5.0 Specification (page  
iii).

LIMITED LICENSE GRANTS
1. License for Evaluation Purposes. Sun hereby grants you a fully- 
paid, non-exclusive, non-transferable,
worldwide, limited license (without the right to sublicense), under  
Sun’s applicable intellectual property
rights to view, download, use and reproduce the Specification only  
for the purpose of internal evaluation.
This includes (i) developing applications intended to run on an  
implementation of the Specification, provided
that such applications do not themselves implement any portion(s) of  
the Specification, and (ii) discussing
the Specification with any third party; and (iii) excerpting brief  
portions of the Specification in oral or written
communications which discuss the Specification provided that such  
excerpts do not in the aggregate consti-
tute a significant portion of the Specification.

Apologies to those with text e-mail...I hilighted the sentence above  
where a license is granted for the specification

"to view, download, use and reproduce the Specification only for the  
purpose of internal evaluation. This includes (i) developing  
applications intended to run on an implementation of the  
Specification, provided that such applications do not themselves  
implement any portion(s) of the Specification, "

It sounds to me like one cannot do a whole lot (including  
implementing the spec) expect for internal purposes let alone  
redistributing an implementation.

2. License for the Distribution of Compliant Implementations. Sun  
also grants you a perpetual, non-exclu-
sive, non-transferable, worldwide, fully paid-up, royalty free,  
limited license (without the right to sublicense)
under any applicable copyrights or, subject to the provisions of  
subsection 4 below, patent rights it may have
covering the Specification to create and/or distribute an Independent  
Implementation of the Specification
that: (a) fully implements the Specification including all its  
required interfaces and functionality; (b) does not
modify, subset, superset or otherwise extend the Licensor Name Space,  
or include any public or protected
packages, classes, Java interfaces, fields or methods within the  
Licensor Name Space other than those
required/authorized by the Specification or Specifications being  
implemented; and (c) passes the
Technology Compatibility Kit (including satisfying the requirements  
of the applicable TCK Users Guide) for
such Specification ("Compliant Implementation").

Sounds to me like, based on the above, you can't distribute an  
implementation without passing the TCK.  I've seen several folks  
comment on not certifying but I guess how does one implement a non- 
certified implementation of a specification that they never read?

I must be missing some lawerly element that gets around the above.
Mime
View raw message