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From "William A. Rowe, Jr." <wr...@rowe-clan.net>
Subject Re: [VOTE] New ASF/JCP Policies
Date Wed, 11 Jul 2007 03:45:19 GMT
Daniel John Debrunner wrote:
> William A. Rowe, Jr. wrote:
>> Daniel John Debrunner wrote:
>>> So three of those options continue Sun's monopoly, is any one of those
>>> worse in terms of 501(c)3 than the others? 
>> YES.  Working AGAINST one parties economic interests is as harmful as working
>> to the BENEFIT of one parties interests.  It has to be a neutral field.
> Sorry, which one out of these three is worse than the others and why?
>>> 1) Release harmony under ALv2. Preserves Sun's monopoly in the
>>> embedded space for Java(tm) technology. [don't call it Java, ignoring
>>> patent & trademark issues for this discussion]

I am going to assume you mean release under the ALv2 without passing the
TCK.  That is one of many alternatives being explored.  As it would not
be passed through the TCK, we would not be acknowledging or decrying
Sun's control over any sphere, as we would not be claiming a compliant
implementation.  (This is similar to how Kaffe handles their situation).
As the solution is neutral with respect to J2SE vendors, there would be
no impact on our 501(c)3 status.

You can't refer to releasing Harmony under the ALv2 while agreeing to FoU
restrictions to use the TCK, as that results in additional restrictions of
the ALv2.  Of course if the FoU encumbrance is remedied, then we certainly
can ship under the ALv2 without additional headaches, and as there would be
no remaining discrimination against a class of users, we have no 501(c)3
concerns with that solution (obviously).

>>> 2) Release harmony with FOU restrictions. Preserves Sun's monopoly in
>>> the embedded space for Java(tm) technology.

That's not acceptable; the ASF does not release software with restrictions
beyond the scope of the Apache License v2.0.  And further it grants Sun
a monopoly to use ASF code (and check your J2SE distribution, it's there)
for their exclusive financial benefit.  This option is worrysome from the
PoV of our 501(c)3 status, even if we tolerated it.

>>> 3) Give up, drop harmony. Preserves Sun's monopoly in the embedded
>>> space for Java(tm) technology. 

That's not acceptable to our community of Harmony developers who were
given substantial assurances by Sun that our JSR implementations could
be released as Open Source back in 2002, but we wouldn't be effecting
any change in the ecosystem.  As we would not be working for or against
Sun in this case so it would be a neutral action in terms of our 501(c)3

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