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From "Will Glass-Husain" <wgl...@forio.com>
Subject Re: Derby and the JCP
Date Sat, 05 Aug 2006 00:06:37 GMT
Hi,

Not sure if this is a legal problem for Apache, but wow - that seems
like a significant branding issue.  As a potential developer, when I
download and embed an Apache product, I assume that I can use it with
almost no restrictions.  (outside of certain license-related
notifications).  If the fact that I use Derby means that my User
Application has restrictions on use - I'm very concerned.  It's a
significant change to Apache philosophy.

Incidentally, if I'm misunderstanding and this is a consequence of a
license the user accepted with a pre-release version of Java SE 6,
that's very different.

WILL


On 8/4/06, Craig L Russell <Craig.Russell@sun.com> wrote:
>
> IANAL, but I don't think there is a problem. Derby is not an application.
>
> The only way you can run Derby that exposes JDBC4 functionality is by
> running a User Application with Java SE 6. If a User Application runs in
> this environment, is is subject to the testing and evaluation terms of the
> license.
>
> So there is no need to encumber Derby NOTICEs with this disclaimer.
>
> Craig
>
>
> Geir Magnusson, Jr wrote:
> Daniel John Debrunner wrote:
> > Rick Hillegas wrote:
> >
> >> "This is an application written to interoperate
> >> with an early-draft specification developed under the
> >> Java Community Process (JCP) and is made available for
> >> testing and evaluation purposes only. The code is not
> >> compatible with any specification of the JCP."
> >>
> >> We need your guidance:
> >>
> >> 1) Does this notice conflict with the Apache 2.0 license?
> >>
> >> 2) In particular, does this notice conflict with the AS IS clause of the
> >> Apache 2.0 license?
> >
> > 3) Is the restriction "made available for testing and evaluation
> > purposes only" acceptable for an ASF project?
> > (assuming that it means the restriction is on the application, not the
> > spec).
>
> Before we wander down into the rathole the question implies - namely :
>
> 1) who from the project was able to accept the license of the spec in a
> way that binds the ASF?
>
> 2)the code existed in the ASF repo before the spec was publicly
> available, so it's even arguable that we didn't use the spec to create
> the code.
>
> - lets see if we can get Sun to simply fix it by removing use
> restrictions in the spec license.
>
> (I do like #2 - that we had the code before the spec was released :)
>
> geir
>
>
>
> Craig Russell
>
> Architect, Sun Java Enterprise System
> http://java.sun.com/products/jdo
>
> 408 276-5638 mailto:Craig.Russell@sun.com
>
> P.S. A good JDO? O, Gasp!
>
>


-- 
Forio Business Simulations

Will Glass-Husain
wglass@forio.com
www.forio.com

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