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From "Sam Ruby" <ru...@apache.org>
Subject Re: [DISCUSS] Fear, Uncertainty and Doubt - or, What can I do with a TCK?
Date Tue, 10 Jul 2007 18:09:47 GMT
On 7/10/07, Craig L Russell <Craig.Russell@sun.com> wrote:
> Hi Matt,
>
> Thanks for putting this together.
>
> On Jul 10, 2007, at 10:33 AM, Matt Hogstrom wrote:
>
> > I've been working on Apache Geronimo for a couple of years now and
> > have heard several different stories on what one can do and can't
> > do once an NDA has been signed.  My objective on this thread is to
> > coalesce our communal intelligence on this matter and document the
> > rules of engagement so the projects at the ASF, where necessary,
> > operate on the same guidelines with the confidential material we
> > have received.
> >
> > I have not seen any formal rules of engagement so here is how we
> > operate in Geronimo.  Our means of operation may be paranoid and if
> > we are doing too much then I'd like to be3 able to let some of it
> > go.  Here is a set of rules we use (passed on from committer to
> > committer so these may not all be actual requirements):
> >
> > 1. No XSDs provided by Sun can be reshipped because the copyright
> > statement in them (as provided from the Sun Website) has a clause
> > that prohibits redistribution.
> >     a. We believe this only applies to the annotations / comments
> > as being copyrightable.  The other programtic elements are not
> > copyrightable as they are part of the programming specification.
> >     b. As such, we type the XSDs in manually and omit the
> > annotations and comments and then insert an Apache License.  This
> > is considered redistributable.
>
> This sounds icky. The IP is in the text, and you are not creating
> your own IP by typing from printed matter. This is different from
> creating a clean room implementation. By definition, you cannot
> create a clean room implementation of a specification interface.
>
> I've been working with Sun to get them to republish under CDDL all of
> the xsd and dtd files that are needed for a compliant implementation
> (for all of the JSRs). I think it's done now. Please check and see if
> we have missed any. The CDDL provides for redistribution.

The ASF Third-Party Licensing Policy (which seems to be stalled at
draft 0.52?)  only permits redistributing CDDL in 'binary form':

http://www.apache.org/legal/3party.html
http://people.apache.org/~cliffs/3party.html

Short version: people come to the ASF expecting to find software
without reciprocal licensing agreements.

- Sam Ruby

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