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From "Geir Magnusson Jr." <g...@pobox.com>
Subject Re: [Fwd: Please review Oracle's proposed revised JSR301 draft license]
Date Mon, 17 Nov 2008 17:50:11 GMT

On Nov 17, 2008, at 12:13 PM, Craig L Russell wrote:

> Hi Geir,
>
> The license attached to this email contains a "time bomb" that was  
> stricken from the license sent in your earlier email.

This sentence confuses me.

The license that was sent originally is the license that we should be  
discussing.  Any change to it in my followup mail is unintentional and  
I have no clue how it happened.

geir

>
>
> Is there a time limit on the license or not?
>
> Craig
>
> On Nov 17, 2008, at 3:16 AM, Geir Magnusson Jr. wrote:
>
>> Sorry - forgot to be clear that this is for a draft spec, not a  
>> final spec, hence the wording related to that.
>>
>> geir
>>
>> On Nov 17, 2008, at 6:05 AM, Geir Magnusson Jr. wrote:
>>
>>> Dear Legal Discuss,
>>>
>>> For general review is the result of a combined effort between  
>>> various parties to correct a JSR's spec license relevant to the  
>>> MyFaces PMC.
>>>
>>> The original issue was that an old boiler-plate JSR spec license  
>>> was used that contained limits on field of use of the  
>>> implementation of the spec.  In particular, see the strikethrough  
>>> in section 1.
>>>
>>> Once notified of the problem, Oracle corrected the license,  
>>> included below.  From my POV, I believe that the license no longer  
>>> contains the FOU limitation, and is similar to licenses we've  
>>> implemented under before.
>>>
>>> I would appreciate other sets of eyes to review as well.
>>>
>>> Thanks
>>>
>>> geir
>>>
>>> Begin forwarded message:
>>>
>>>> From: michael freedman <michael.freedman@oracle.com>
>>>> Date: November 11, 2008 3:36:56 PM EST
>>>> To: MyFaces PMC <private@myfaces.apache.org>, "Geir Magnusson  
>>>> Jr." <geir@pobox.com>
>>>> Subject: [Fwd: Please review Oracle's proposed revised JSR301  
>>>> draft license]
>>>>
>>>> Any comments on this?  Is it okay?  I would like to get your  
>>>> signoff before starting the process to upgrade/change the license.
>>>>    -Mike-
>>>>
>>>> -------- Original Message --------
>>>> Subject:
>>>> Please review Oracle's proposed revised JSR301 draft license
>>>> Date:
>>>> Wed, 05 Nov 2008 14:34:10 -0800
>>>> From:
>>>> michael freedman <michael.freedman@oracle.com>
>>>> Organization:
>>>> Oracle Corporation
>>>> To:
>>>> MyFaces PMC <private@myfaces.apache.org>, Onno Kluyt <Onno.Kluyt@Sun.COM

>>>> >, admin@jcp.org
>>>> CC:
>>>> Geir Magnusson Jr. <geir@pobox.com>, Simon Kitching <skitching@apache.org

>>>> >
>>>>
>>>>
>>>> Below is the proposed modified license Oracle would like to  
>>>> substitute for the current Public Review Draft and would use for  
>>>> future drafts (The final license will be the standard JCP  
>>>> license).  Deletions from the current license are depicted with  
>>>> strikethrough.  Additional/new language is in blue. Please review  
>>>> and let me know if this satisfies your needs/concerns.   
>>>> Specifically, the Apache community needs to let me know if this  
>>>> satisfies your openness requirements while the Sun/JCP community  
>>>> needs to let me know that this satisfies the JSPA/JCP process  
>>>> this license is covered by.  Once all interested parties are  
>>>> satisfied I will request the JCP to update our license.
>>>>   -Mike-
>>>>
>>>> ***********************************************************************************************************
>>>>
>>>> ORACLE CORPORATION IS WILLING TO LICENSE THIS SPECIFICATION TO  
>>>> YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS  
>>>> CONTAINED IN THIS LICENSE AGREEMENT ("AGREEMENT"). PLEASE READ  
>>>> THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY. BY  
>>>> DOWNLOADING THIS SPECIFICATION, YOU ACCEPT THE TERMS AND  
>>>> CONDITIONS OF THIS AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND  
>>>> BY THEM, SELECT THE "DECLINE" BUTTON AT THE BOTTOM OF THIS PAGE  
>>>> AND THE DOWNLOADING PROCESS WILL NOT CONTINUE.
>>>>
>>>>
>>>> Specification: JSR301 Portlet Bridge ("Specification")
>>>>
>>>> Version: 1.0
>>>>
>>>> Status: Public Review Draft
>>>>
>>>> Release: 5 August 2008
>>>>
>>>> Copyright 2008 Oracle Corporation
>>>> 500 Oracle Parkway
>>>> Redwood Shores, CA 94065
>>>> All rights reserved.
>>>>
>>>> NOTICE
>>>> The Specification is protected by copyright and the information  
>>>> described therein may be protected by one or more U.S. patents,  
>>>> foreign patents, or pending applications. Except as provided  
>>>> under the following license, no part of the Specification may be  
>>>> reproduced in any form by any means without the prior written  
>>>> authorization of Oracle Corporation and its licensors, if any.  
>>>> Any use of the Specification and the information described  
>>>> therein will be governed by the terms and conditions of this  
>>>> Agreement.
>>>>
>>>> Subject to the terms and conditions of this license, including  
>>>> your compliance with Paragraphs 1 and 2 below, Oracle Corporation  
>>>> hereby grants you a fully-paid, non-exclusive, non-transferable,  
>>>> limited license (without the right to sublicense) under Oracle  
>>>> Corporation's intellectual property rights to:
>>>>
>>>> 1.Review the Specification for the purposes of evaluation. This  
>>>> includes: (i) developing implementations of the Specification for  
>>>> your internal, non-commercial use; (ii) discussing the  
>>>> Specification with any third party; and (iii) excerpting brief  
>>>> portions of the Specification in oral or written communications  
>>>> which discuss the Specification provided that such excerpts do  
>>>> not in the aggregate constitute a significant portion of the  
>>>> Specification.
>>>> 2.Distribute implementations of the Specification to third  
>>>> parties for their testing and evaluation use, provided that any  
>>>> such implementation:
>>>> (i) does not modify, subset, superset or otherwise extend the  
>>>> Licensor Name Space, or include any public or protected packages,  
>>>> classes, Java interfaces, fields or methods within the Licensor  
>>>> Name Space other than those required/authorized by the  
>>>> Specification or Specifications being implemented;
>>>> (ii) is clearly and prominently marked with the word "UNTESTED"  
>>>> or "EARLY ACCESS" or "INCOMPATIBLE" or "UNSTABLE" or "BETA" in  
>>>> any list of available builds and in proximity to every link  
>>>> initiating its download, where the list or link is under  
>>>> Licensee's control;
>>>> (ii) fully implements the Specification, including all required  
>>>> interfaces and functionality; and
>>>> (iii) includes the following notice:
>>>> "This is an implementation of an early draft specification the  
>>>> JSR 301 public review draft specification developed under the  
>>>> Java Community Process (JCP) and is made available for testing  
>>>> and evaluation purposes only. This implementation may not fully  
>>>> conform to this specification.  This implementation may differ  
>>>> from the final specification.  The code is not compatible with  
>>>> any specification of the JCP."
>>>> The grant set forth above concerning your distribution of  
>>>> implementations of the Specification is contingent upon your  
>>>> agreement to terminate development and distribution of your a  
>>>> complete and conforming implementation of early draft upon final  
>>>> completion of the Specification. If you fail to do so, the  
>>>> foregoing grant shall be considered null and void.
>>>> No provision of this Agreement shall be understood to restrict  
>>>> your ability to make and distribute to third parties applications  
>>>> written to the Specification.
>>>> Other than this limited license, you acquire no right, title or  
>>>> interest in or to the Specification or any other Oracle  
>>>> Corporation intellectual property, and the Specification may only  
>>>> be used in accordance with the license terms set forth herein.  
>>>> This license will expire on the earlier of: (a) two (2) years  
>>>> from the date of Release listed above; (b) the date on which the  
>>>> final version of the Specification is publicly released; or (c)  
>>>> the date on which the Java Specification Request (JSR) to which  
>>>> the Specification corresponds is withdrawn. In addition,   This  
>>>> license will terminate immediately without notice from Oracle  
>>>> Corporation if you fail to comply with any provision of this  
>>>> license. Upon termination, you must cease use of or destroy the  
>>>> Specification.
>>>> "Licensor Name Space" means the public class or interface  
>>>> declarations whose names begin with "java", "javax", "com.oracle"  
>>>> or their equivalents in any subsequent naming convention adopted  
>>>> through the Java Community Process, or any recognized successors  
>>>> or replacements thereof
>>>> TRADEMARKS
>>>> No right, title, or interest in or to any trademarks, service  
>>>> marks, or trade names of Oracle Corporation or Oracle  
>>>> Corporations licensors is granted hereunder. Java and Java- 
>>>> related logos, marks and names are trademarks or registered  
>>>> trademarks of Sun Microsystems, Inc. in the U.S. and other  
>>>> countries.
>>>>
>>>> DISCLAIMER OF WARRANTIES
>>>> THE SPECIFICATION IS PROVIDED "AS IS" AND IS EXPERIMENTAL AND MAY  
>>>> CONTAIN DEFECTS OR DEFICIENCIES WHICH CANNOT OR WILL NOT BE  
>>>> CORRECTED BY ORACLE CORPORATION. ORACLE CORPORATION MAKES NO  
>>>> REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED,  
>>>> INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY,  
>>>> FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT THAT THE  
>>>> CONTENTS OF THE SPECIFICATION ARE SUITABLE FOR ANY PURPOSE OR  
>>>> THAT ANY PRACTICE OR IMPLEMENTATION OF SUCH CONTENTS WILL NOT  
>>>> INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADE SECRETS OR  
>>>> OTHER RIGHTS. This document does not represent any commitment to  
>>>> release or implement any portion of the Specification in any  
>>>> product.
>>>>
>>>> THE SPECIFICATION COULD INCLUDE TECHNICAL INACCURACIES OR  
>>>> TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE  
>>>> INFORMATION THEREIN; THESE CHANGES WILL BE INCORPORATED INTO NEW  
>>>> VERSIONS OF THE SPECIFICATION, IF ANY. ORACLE CORPORATION MAY  
>>>> MAKE IMPROVEMENTS AND/OR CHANGES TO THE PRODUCT(S) AND/OR THE  
>>>> PROGRAM(S) DESCRIBED IN THE SPECIFICATION AT ANY TIME. Any use of  
>>>> such changes in the Specification will be governed by the then- 
>>>> current license for the applicable version of the Specification.
>>>>
>>>> LIMITATION OF LIABILITY
>>>> TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL ORACLE  
>>>> CORPORATION OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES, INCLUDING  
>>>> WITHOUT LIMITATION, LOST REVENUE, PROFITS OR DATA, OR FOR  
>>>> SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES,  
>>>> HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING  
>>>> OUT OF OR RELATED TO ANY FURNISHING, PRACTICING, MODIFYING OR ANY  
>>>> USE OF THE SPECIFICATION, EVEN IF ORACLE CORPORATION AND/OR ITS  
>>>> LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
>>>>
>>>> You will hold Oracle Corporation (and its licensors) harmless  
>>>> from any claims based on your use of the Specification for any  
>>>> purposes other than the limited right of evaluation as described  
>>>> above, and from any claims that later versions or releases of any  
>>>> Specification furnished to you are incompatible with the  
>>>> Specification provided to you under this license.
>>>>
>>>> RESTRICTED RIGHTS LEGEND
>>>> If this Software is being acquired by or on behalf of the U.S.  
>>>> Government or by a U.S. Government prime contractor or  
>>>> subcontractor (at any tier), then the Government's rights in the  
>>>> Software and accompanying documentation shall be only as set  
>>>> forth in this license; this is in
>>>> accordance with 48 C.F.R. 227.7201 through 227.7202-4 (for  
>>>> Department of Defense (DoD) acquisitions) and with 48 C.F.R.  
>>>> 2.101 and 12.212 (for non-DoD acquisitions).
>>>>
>>>> REPORT
>>>> You may wish to report any ambiguities, inconsistencies or  
>>>> inaccuracies you may find in connection with your evaluation of  
>>>> the Specification ("Feedback"). To the extent that you provide  
>>>> Oracle Corporation with any Feedback, you hereby: (i) agree that  
>>>> such Feedback is provided on a non-proprietary and non- 
>>>> confidential basis, and (ii) grant Oracle Corporation a  
>>>> perpetual, non-exclusive, worldwide, fully paid-up, irrevocable  
>>>> license, with the right to sublicense through multiple levels of  
>>>> sublicensees, to incorporate, disclose, and use without  
>>>> limitation the Feedback for any purpose related to the  
>>>> Specification and future versions, implementations, and test  
>>>> suites thereof.
>>>>
>>>> GENERAL TERMS
>>>> Any action related to this Agreement will be governed by  
>>>> California law and controlling U.S. federal law. The U.N.  
>>>> Convention for the International Sale of Goods and the choice of  
>>>> law rules of any jurisdiction will not apply.
>>>>
>>>> The Specification is subject to U.S. export control laws and may  
>>>> be subject to export or import regulations in other countries.  
>>>> Licensee agrees to comply strictly with all such laws and  
>>>> regulations and acknowledges that it has the responsibility to  
>>>> obtain such licenses to export, re-export or import as may be  
>>>> required after delivery to Licensee.
>>>>
>>>> This Agreement is the parties' entire agreement relating to its  
>>>> subject matter. It supersedes all prior or contemporaneous oral  
>>>> or written communications, proposals, conditions, representations  
>>>> and warranties and prevails over any conflicting or additional  
>>>> terms of any quote, order, acknowledgment, or other communication  
>>>> between the parties relating to its subject matter during the  
>>>> term of this Agreement. No modification to this Agreement will be  
>>>> binding, unless in writing and signed by an authorized  
>>>> representative of each party.
>>>>
>>>
>>
>>
>> ---------------------------------------------------------------------
>> DISCLAIMER: Discussions on this list are informational and  
>> educational
>> only.  Statements made on this list are not privileged, do not
>> constitute legal advice, and do not necessarily reflect the opinions
>> and policies of the ASF.  See <http://www.apache.org/licenses/> for
>> official ASF policies and documents.
>> ---------------------------------------------------------------------
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>>
>
> Craig L Russell
> Architect, Sun Java Enterprise System http://db.apache.org/jdo
> 408 276-5638 mailto:Craig.Russell@sun.com
> P.S. A good JDO? O, Gasp!
>


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