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From "Sam Ruby" <ru...@apache.org>
Subject require ex ante IP disclosure was: [VOTE] New ASF/JCP Policies
Date Sun, 15 Jul 2007 14:49:20 GMT
On 7/15/07, Geir Magnusson Jr. <geir@pobox.com> wrote:
> On Jul 15, 2007, at 2:17 AM, Justin Erenkrantz wrote:
> > Unless we have another license grant for the specification (and in
> > some particular cases we have agreements that supersede the JSR
> > specification licenses), the only way for us to legally implement the
> > spec - since we are a signatory to the JSPA - is to adhere to those
> > terms: a) fully implement, b) do not modify, etc; and c) pass the TCK.
> This is why what Sun is doing w/ the JCK license is so nasty, and why
> the JCP needs to be fixed.
> The TCK license breaks any chance of "ex ante" IP policy at the JCP
> because there's no disclosure requirement.  The implementor works in
> good faith under the terms of the spec license, only to discover that
> later, the spec lead can control how they distribute their software.
> The irony is that Sun is a very vocal and active proponent of ex ante
> IP disclosure
>    http://mailman.ctyme.com/pipermail/openstds/2007-April/000109.html
>    http://www.amc.gov/comments/sunmicrosystems.pdf
>    etc..

So why don't we do this: publish on http://www.apache.org/jcp/ that we
intend to vote NO on every JSR Review Ballot, Community Draft Ballot,
and Final Approval Ballot that does not provide a full and complete
disclosure of any and all relevant TCK terms, or on any such Ballot on
which we determine that the disclosed TCK terms would prevent the an
independent implementation under the Apache License, version 2.0.

Furthermore, we should seek out other EC members in the hopes that
they will make similar pledges.  If we gather enough support to make a
difference in, say, the next 30 days we will continue on as a JCP
member, otherwise we will simply and quietly exit that organization as
we will have determined that it is incapable of self-governance.  And
if we do succeed and stay on, we should view this policy as the first
step towards a much needed, and much broader, reform.

- Sam Ruby

P.S.  One does not need to be a member of the JCP in order to create
an independent implementation of specifications that permit such
activities, nor does one need to be a member of the JCP in order to
enter into an NDA, so both of these are orthogonal concerns.

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