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From "Sam Ruby" <ru...@intertwingly.net>
Subject Re: JSR-317 and JSR-318 Vote Today
Date Wed, 01 Aug 2007 14:17:11 GMT
On 8/1/07, Andrew C. Oliver <acoliver@buni.org> wrote:
> unlabeled, but roughly the same is better?

I will note that we haven't done that.  Every code base from the ASF
has been released under an Apache License.  Harmony was created in
good faith with the belief that it, too, could be released under the
Apache License, Version 2.0.  This good faith was based on the fact
that we have a signed contract that states that we could do exactly
that.

In the past, we have had issues with Sun over T's and C's.  Each time
in the past these issues had been resolved to our satisfaction.  We
had no expectation that this time would be any different.

> Henning Schmiedehausen wrote:
> > On Wed, 2007-08-01 at 00:40 -0400, Andrew C. Oliver wrote:
> >
> >> pretend it is open source?  I  just don't see it.  The compromise road
> >> of just creating an admitted project of notquiteopensource.apache.org
> >> seems a lot more pragmatic than playing "let's make lawyers rich and
> >
> > You can repeat this over and over again until you are blue in your face,
> > but this is not going to happen. Ever.

We do have a dilemma that we need to face head on, and I think Andy
has been doing a good job of pointing it out.

Paraphrased, the ASF position is that we have no problem with
communities forming around commercial implementations, or around
non-open source licenses, or around open or free licenses other than
our own, or around the Apache License, Version 2.0 at places other
than the ASF.

But, and this is a key but, at the ASF we only nurture communities
that release software under the Apache License.  From time to time,
I've seen that position labeled as 'ideological', coupled with calls
for us to 'be pragmatic'.

We can't have it both ways.

Sun is busy on OpenJDK.  Those that are waiting on Sun to provide us
what the contract that they signed said that they would are also "blue
in the face".  This month, the conflict will enter into its second
year.  We are in a war without an exit strategy.  As unpopular as it
might be, we need to establish a timetable for withdrawal.

> >       Best regards
> >               Henning

- Sam Ruby

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