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From "Roy T. Fielding" <field...@gbiv.com>
Subject Oscar OSGi Project and required CLAs
Date Sun, 17 Jul 2005 10:36:07 GMT
>>>  Like the RFC process the specifications are crafted by a closed
>>> group.  However anyone can implement these specifications.
>>
>> I don't see how you came to that conclusion.
>
> I think I would get it from the Specification itself, "Legal Terms and
> Conditions regarding the Specification";

That's impossible.  Here are example copyright licenses:

BSD:

    Redistribution and use in source and binary forms, with or
    without modification, are permitted provided that the following
    conditions are met:

Apache:

    Subject to the terms and conditions of this License, each
    Contributor hereby grants to You a perpetual, worldwide,
    non-exclusive, no-charge, royalty-free, irrevocable copyright
    license to reproduce, prepare Derivative Works of, publicly
    display, publicly perform, sublicense, and distribute the
    Work and such Derivative Works in Source or Object form.

GPL:

    You may copy and distribute verbatim copies of the Program's
    source code as you receive it, in any medium, provided that
    you conspicuously and appropriately publish on each copy an
    appropriate copyright notice and disclaimer of warranty; keep
    intact all the notices that refer to this License and to the
    absence of any warranty; and give any other recipients of the
    Program a copy of this License along with the Program.

Do you see anything even remotely like the above phrases in the
below license to the OSGi specification?

    Thank you for your request. The download of OSGi specifications
    and specification files are covered by Legal Terms and Conditions
    as appended below. Please read these Terms and Conditions.
    If you choose to download the OSGi specifications and
    specification files you are agreeing to these Legal Terms and
    Conditions. To download the OSGi specification, please read the
    following Licensing Agreement and then click the link below and
    proceed to the download page.

    LEGAL TERMS AND CONDITIONS REGARDING SPECIFICATION

    Implementation of certain elements of the Open Services Gateway
    Initiative (OSGi)Specification may be subject to third party
    intellectual property rights, including without limitation,
    patent rights (such a third party may or may not be a member
    of OSGi). OSGi is not responsible and shall not be held
    responsible in any manner for identifying or failing to identify
    any or all such third party intellectual property rights.

    THE RECIPIENT ACKNOWLEDGES AND AGREES THAT THE SPECIFICATION
    IS PROVIDED AS IS AND WITH NO WARRANTIES WHATSOEVER, WHETHER
    EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO
    ANY WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS OF
    ANY PARTICULAR PURPOSE, OR ANY WARRANTY OTHERWISE ARISING OUT
    OF ANY PROPOSAL, SPECIFICATION, OR SAMPLE. THE RECIPIENT'S USE
    OF THE SPECIFICATION IS SOLELY AT THE RECIPIENT'S OWN RISK.
    THE RECIPIENT'S USE OF THE SPECIFICATION IS SUBJECT TO THE
    RECIPIENT'S OSGi MEMBER AGREEMENT, IN THE EVENT THAT THE
    RECIPIENT IS AN OSGi MEMBER. IN NO EVENT SHALL OSGi BE LIABLE
    OR OBLIGATED TO THE RECIPIENT OR ANY THIRD PARTY IN ANY MANNER
    FOR ANY SPECIAL, NON-COMPENSATORY, CONSEQUENTIAL, INDIRECT,
    INCIDENTAL, STATUTORY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING,
    WITHOUT LIMITATION, LOST PROFITS AND LOST REVENUE, REGARDLESS OF
    THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE,
    STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF OSGi HAS
    BEEN INFORMED OF OR IS AWARE OF THE POSSIBILITY OF ANY SUCH
    DAMAGES IN ADVANCE. THE LIMITATIONS SET FORTH ABOVE SHALL BE
    DEEMED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
    LAW AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE
    OF ANY LIMITED REMEDIES AVAILABLE TO THE RECIPIENT.
    THE RECIPIENT ACKNOWLEDGES AND AGREES THAT THE RECIPIENT
    HAS FULLY CONSIDERED THE FOREGOING ALLOCATION OF RISK AND
    FINDS IT REASONABLE, AND THAT THE FOREGOING LIMITATIONS ARE
    AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE RECIPIENT AND OSGi.
    IF THE RECIPIENT USES THE SPECIFICATION, THE RECIPIENT AGREES
    TO ALL OF THE FOREGOING TERMS AND CONDITIONS. IF THE RECIPIENT
    DOES NOT AGREE TO THESE TERMS AND CONDITIONS, THE RECIPIENT
    SHOULD NOT USE THE SPECIFICATION AND SHOULD CONTACT OSGi
    IMMEDIATELY.

I don't see any license there.  Under international copyright law,
recipients must gain permission from the copyright owner in order
to redistribute or create derivative works.  The OSGi membership
agreement, included below, explicitly states that the MEMBERS
retain ownership on what they do and OSGi is only given the right
to license their employee's work and to sublicense any combined work
to other MEMBERS.  Thus, my interpretation is that OSGi does not
have sufficient rights in combined works to simply license them on
their own to the ASF.

Therefore, according to OSGi documentation, we need a separate
CLA from every significant contributor to the code base before
we can distribute that code at Apache.

....Roy


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