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From Ralph Goers <Ralph.Go...@dslextreme.com>
Subject Re: Apache Open Letter to Sun, JCK, and how it really affects field of use.
Date Tue, 10 Jul 2007 04:16:36 GMT
Roy T. Fielding wrote:
> The JCK license is negotiated on a one-time basis between Sun
> (the Spec Lead) and whatever entity is requesting access to
> the TCK.  In our case, the offered license is covered with
> CONFIDENTIAL marks that make it difficult for us to tell you the
> exact terms. Feel free to ask Sun for a copy.
>
> Suffice it to say that that the JCK license (unlike other TCK
> licenses we have from Sun) proposed a set of field of use
> restrictions that would apply to any tested implementation as
> a restriction on downstream users/redistributors of our software.
> IMO, those terms violate the reciprocal agreements defined by the
> Java Specification Participation Agreement that all participants
> in the JCP must sign.
>
Well, since you feel that Sun has violated its agreement the ASF could 
simply ignore the TCK terms and wait for Sun to file a lawsuit. The ASF 
could then file a counter-claim for the breach of contract. (If you 
think I actually believe this is a good strategy, think again).

> Sun does not need to worry about Apache.  Sun needs to worry about
> why Apache cannot participate under those terms, since working
> against public benefit is not a good strategy for any corporation.
It certainly hasn't hurt Microsoft.

Ralph


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