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From Geir Magnusson Jr <ge...@apache.org>
Subject Re: Derby and the JCP
Date Fri, 04 Aug 2006 21:01:23 GMT


Rick Hillegas wrote:
> In the next month, Derby plans to generate a new feature release called
> 10.2. The Derby community is confused about a possible conflict between
> the Apache 2.0 license and the JCP.
> 
> When run on J2SE 1,3, 1.4, or 1.5 there is no problem.
> 
> However, when run on Java SE 6, Derby 10.2 will expose JDBC drivers
> which implement an early-draft of the JDBC4 spec, governed by JSR 221:
> http://www.jcp.org/en/jsr/detail?id=221. The proposed final draft of
> that spec may be found at
> http://jcp.org/aboutJava/communityprocess/pfd/jsr221/index.html. Item
> (3) in the NOTICE section of that draft requires that Derby ship with
> the following notice. It is this notice which may conflict with the
> Apache 2.0 license:
> 
> "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?

yes. People can do whatever they want with Apache licensed code,
including run it in production, making a product, etc.

This doesn't get us out of the derby-javadb-mustang-jdbc4 jam.

The agreement we came to was that the spec would be proposed under a
license that allowed distribution with a marking that it's non-final.
I'm happy to argue for that - there's no harm in telling users it's an
implementation of an un-ratified spec, but not place any limits on use.

> 
> 2) In particular, does this notice conflict with the AS IS clause of the
> Apache 2.0 license?
> 

To this untrained, non-lawyer, yes.

geir


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