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From "Roy T. Fielding" <field...@gbiv.com>
Subject Re: StAX (JSR 173) API source license
Date Thu, 27 Apr 2006 13:47:11 GMT
Just to be clear, there is really no point to debating the merits
of copyright enforceability here.  The conditions imposed on the
specification lead as part of the JSPA contractual agreement are
an initial publication constraint -- they impact what the
specification lead is allowed to include in its own license for
the specification.  Thus, my guess is that Sun will say that BEA
cannot provide the ASF with an API jar under the Apache License
because that would violate BEA's agreement under the JSPA (in
Sun's opinion).  I'd love to hear otherwise.

The procedural problem with the JSPA is that, even though the
spec lead supposedly "owns" the copyright of the finished spec,
the JCP PMO will not publish the spec package on the jcp.org
website and will not submit it to the EC for an approval ballot
unless the license used by the spec lead fits within the template
provided by Sun legal.  This can be an excruciatingly painful
process for an independent specification lead that has invested
years of effort in the specification and is prevented from going
to market with their own products until the spec is approved.


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