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From "Geir Magnusson Jr." <g...@pobox.com>
Subject Re: Use of proprietary binaries
Date Sun, 23 Nov 2008 13:03:16 GMT

On Nov 23, 2008, at 7:31 AM, ralph.goers @dslextreme.com wrote:

>
>
> On Sun, Nov 23, 2008 at 12:24 AM, William A. Rowe, Jr. <wrowe@rowe-clan.net 
> > wrote:
> Oh it can be used.  If the license isn't appreciated, the  
> implementation
> can be replaced.
>
> But can it be shipped?  Due to Henri's appropriate interpretation of  
> 1.
> below, the answer looks like a resounding "no".
>
> I think you are splitting hairs. "the implementation can be  
> replaced" amounts to pretty much the same thing as the dependency  
> can't be used. In fact, the way I read the original question it  
> sounds like IBM is providing the API interface (not just the  
> implementation) under an unacceptable license. I'm not sure how you  
> get around that.


To be really clear:

1) when you (Michael) say that "the API" is included in version  
control, I assume that means that there is code under the Apache  
License that is a stub implementation of the API that is part of the  
project and used for compilation?  Can you give us a pointer to that?

2) I assume that the runtime dependency is an optional one - that  
OpenJPA works just fine w/o this code, unless you want to use it in  
WebSphere or something like that?


While I'd prefer to see the interface code, and know what the binary  
is, I think that if #1 is true and legal (i.e. not some kooky JCP-ish  
tangled API licensing of debatable legitimacy) and #2 is true, I don't  
think there's a problem with having an API stub, and you can't  
redistribute the jar.

That said, if it's something generally useful, why not just ask IBM to  
re-license or donate?

geir
  `

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