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Message-ID: <72c1350f0811211235t49f6d78al546ae1fe5f7ba958@mail.gmail.com>
Date: Fri, 21 Nov 2008 14:35:55 -0600
From: "Michael Dick" <michael.d.dick@gmail.com>
To: legal-discuss@apache.org
Subject: Use of proprietary binaries
Cc: Kevin <kwsutter@gmail.com>
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Hi all,

I work on the OpenJPA project and we have an issue with a compilation
dependency on an API owned by IBM.

IBM provided the API in binary format with a license that allows us to
distribute it with our application (ie OpenJPA). It's my understanding that
we are not allowed to publish the binary elsewhere though (for example we
would not be allowed to put it on my home directory on people.apache.org).

I wasn't sure how we could limit the exposure of the API, and the best
solution I  came up with was to include it in version control (SVN).

As a result anyone who extracts the source code from SVN gets a copy of the
API, and may use it to compile OpenJPA. However we do not distribute the jar
with the pre-compiled binary distributions of OpenJPA. If the API is needed
we expect it to be provided by IBM (WebSphere in this case).

I'm looking for guidance on how where we should include and document binary
dependencies like this one. Can we include a binary like this is SVN and
just add the approriate disclaimer to NOTICE.txt? Would it be better to make
the API available on openjpa.apache.org and download it from there as a part
of our build?

In case it helps the license that the jar was distributed with is available
on my people.apache.org page at
http://people.apache.org/~mikedd/ibm-uow-license.txt<http://people.apache.org/%7Emikedd/ibm-uow-license.txt>.


Thanks in advance,

-mike

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Hi all,<br><br>I work on the OpenJPA project and we have an issue with a compilation dependency on an API owned by IBM. <br><br>IBM
provided the API in binary format with a license that allows us to
distribute it with our application (ie OpenJPA). It&#39;s my understanding
that we are not allowed to publish the binary elsewhere though (for
example we would not be allowed to put it on my home directory on <a href="http://people.apache.org/" target="_blank">people.apache.org</a>). <br>
<br>I wasn&#39;t sure how we could limit the exposure of the API, and the
best solution I&nbsp; came up with was to include it in version control
(SVN). <br><br>As a result anyone who extracts the source code from
SVN gets a copy of the API, and may use it to compile OpenJPA. However
we do not distribute the jar with the pre-compiled binary distributions
of OpenJPA. If the API is needed we expect it to be provided by IBM
(WebSphere in this case). <br>
<br>I&#39;m looking for guidance on how where we should include and
document binary dependencies like this one. Can we include a binary
like this is SVN and just add the approriate disclaimer to NOTICE.txt?
Would it be better to make the API available on <a href="http://openjpa.apache.org/" target="_blank">openjpa.apache.org</a> and download it from there as a part of our build? <br>
<br>In case it helps the license that the jar was distributed with is available on my <a href="http://people.apache.org/" target="_blank">people.apache.org</a> page at <br><a href="http://people.apache.org/%7Emikedd/ibm-uow-license.txt" target="_blank">http://people.apache.org/~mikedd/ibm-uow-license.txt</a>. <br>

<br>Thanks in advance,<br><br>-mike<br>

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