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From "Roy T. Fielding (Commented) (JIRA)" <j...@apache.org>
Subject [jira] [Commented] (LEGAL-120) Is the Adobe RTMP specification license compatible?
Date Fri, 06 Jan 2012 23:12:39 GMT

    [ https://issues.apache.org/jira/browse/LEGAL-120?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=13181676#comment-13181676

Roy T. Fielding commented on LEGAL-120:

I think we should answer the question that was asked, not a myriad of potential follow-on

The answer is that there is no harm in reading the spec or the license.  Implementing the
spec might run afoul of any number of potential patents, some subset of which might be owned
by Adobe and thus fall into the licensed category.  Regardless, the presence of that license
does not change the open source nature of the resulting code, in any way whatsoever, since
the constraints are inherent in the patents that may or may not exist regardless of the license.

The existence of a patent claim DOES NOT make software less open source.  Enforcing that claim
might, depending on what license is required *when* it is enforced.  AFAIK, Adobe has not
requested any addition to NOTICE so long as the spec itself is not included in any redistribution.
 Furthermore, unlike the JSR cases that we have talked about in the past, this patent license
to implement the protocol has no complex web of copyright/contract restrictions like the JSPA
and thus does not impact our Apache License.

In other words, this is no different than reading the HTTP spec and implementing HTTP.

> Is the Adobe RTMP specification license compatible?
> ---------------------------------------------------
>                 Key: LEGAL-120
>                 URL: https://issues.apache.org/jira/browse/LEGAL-120
>             Project: Legal Discuss
>          Issue Type: Question
>            Reporter: Sebb
> Someone has asked for a RTMP plugin for JMeter. 
> The RTMP specification is available from [0]; the specification license is here [1].
> AIUI the license must be accepted before any implementation is distributed, so I assume
> - any implementation created by the ASF using the spec would need to abide by the license,
> - any 3rd party implementation that used the spec would also need to abide by the license.
> Are there any terms in the license that are unacceptable for the ASF?
> [0] http://www.adobe.com/devnet/rtmp.html
> [1] http://wwwimages.adobe.com/www.adobe.com/content/dam/Adobe/en/devnet/rtmp/pdf/rtmp_specification_license_1.0.pdf

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