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From Steve Loughran <ste...@apache.org>
Subject Re: [VOTE] New ASF/JCP Policies
Date Thu, 12 Jul 2007 10:31:41 GMT
Wade Chandler wrote:
> But the license doesn't say you need any extra IP etc.
> It states you pass the TCK, and it doesn't even
> elaborate beyond that other than satisfying the
> requirements of the TCK user guide. What are the
> requirements of the TCK user guide? Can these be
> shared for analysis? Does the TCK license specifically
> deny one organization passing the TCK for an others
> sources?
> If part of passing the TCK is some type of IP approval
> then ok, but if not then I don't see how it applies to
> some other restriction as it is not specifically
> stating it. With a clean room implementation there is
> nothing which is patented as you are not using code
> you are just implementing the required interfaces
> which the specification license explains are yours
> (anyones) royalty free as long as the 3 terms are
> adhered to, and the 3rd term (iii) doesn't say who
> runs the TCK just that it passes it. 
> So, I think the TCK terms can play on this depending
> on  the limitations of what it can be run against, but
> the spec license doesn't say anything (other than the
> TCK user manual) in the TCK license affects the
> specification license other than just passing the TCK.
> For it to hold up in court it would certainly have to
> be specific and not leave room for interpretation, and
> I believe as it does not say who must run the TCK and
> pass the TCK for a given source base it certainly
> leaves room for interpretation. This is without seeing
> the TCK license or the user manual.
> Wade

1. There are certainly patents related to class verification in Java; I 
dont know about other specs

2. Its a shame that IPR rights are coupled to TCK compliance. Much of 
that is a hangover of Visual J++, though how you write a TCK that 
verifies that the Harmony team havent invented a new keyword "delegate" 
escapes me.

You should be able to open up the TCK and dicuss its details in an OSS 
community if there was some other way of granting rights to all impls 
that had passed the TCK; passing the tests would be necessary but not 

thinking about this, I can see that Sun's Java SE stack is also going to 
have some fun here. If I were to take their stack, fix their networking 
to be laptop-aware and build it, how can I, myself, release that build 
without verifying that it passes the TCK?


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