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From "Roy T. Fielding" <field...@gbiv.com>
Subject Re: [VOTE] New ASF/JCP Policies
Date Sat, 14 Jul 2007 04:03:59 GMT
It is pointless to speculate on what permissions we might have to
distribute an implementation based only upon a single Specification
License and the permissions it grants.  We might have other licenses
from the same source, or from the original IP owners, that give us
permissions beyond those in the Spec License.  We might also be able
to avoid the copyrightable aspects of the specification when we don't
already have the necessary permissions.  We might also be able to
ignore certain patents for which general licenses or covenants exist,
or for which we have undeniable prior art.

It is better to start with the product and discover from there
what specific permission we have already attained from its owners.
Then we only have to address the parts that lack permission.

In any case, this issue is not (and never has been) a question of
whether we have the right to distribute our software.  The issue
is that we lent our names, reputation, and IP to a standardization
process on condition that the end result does not impose terms that
interfere with our distribution of a compliant implementation of
that standard as open source under the Apache license.  It doesn't
matter what other terms exist for *our* software, or how we might
be able to get away with other forms of distribution, since we have
an existing agreement that gave us the right to demand the terms
under which we agreed to participate in the first place.
We have to stand up for that right when one of the Spec Leads
tries to deny it, no matter how it might effect our projects
in the short term.


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