So you are not willing to discuss this with the eclipse guys and help me
solve a problem you came up with and seems to be blocking.

This is how i solved the docbook license problem and got an approval
from the owners because all this licence stuff is a pain in the butt not
only for us but also for them. Apache OFBiz gets now so much weight that
often they either change the license or give us a specific approval.

Regards,
Hans

On Tue, 2009-12-01 at 21:42 +1300, Scott Gray wrote:
> You'll really need to direct this to the legal mailing list,  I'm not  
> a lawyer and I have no idea what sort of exception they would need to  
> make and what form it would take.  All of my opinions have been based  
> on the assumption that we would change to fit the licenses and not the  
> birt team change to suit us.
> 
> Regards
> Scott
> 
> On 1/12/2009, at 9:23 PM, Hans Bakker wrote:
> 
> > Scott,
> >
> > i am trying to solve it the other way around. If they give us the
> > approval (= license) to include it in OFBiz, then we do not need an
> > clarification of the EPL license terms inside apache.
> >
> > Also they seem not understand our problems, they state:
> >>> let us know and we will keep trying to help  you guys out.
> >
> > that means they have an interest to have birt runtime distributed by
> > OFBiz.
> >
> > so if you can explain to them which problems we have then perhaps they
> > will grant to license to us.
> >
> > Regards,
> > Hans
> >
> >
> > On Tue, 2009-12-01 at 20:56 +1300, Scott Gray wrote:
> >> Hi Hans,
> >>
> >> I can try to help but I'm not sure I understand, nothing is in
> >> question on the Eclipse side, birt is licensed EPL end of story,
> >> asking them to change their license would be like someone asking us  
> >> to
> >> change ours.  The issue we're facing is compatibility of the ASL with
> >> the EPL and we need to resolve it internally.
> >>
> >> The ASF rules as I understand them (described here: 
> >> http://www.apache.org/legal/resolved.html#category-b)
> >>  is that you cannot include EPL licensed source code in ASL licensed
> >> distributions, except for a very narrow range of exceptions.  You can
> >> however include as many EPL licensed binaries as you like.
> >>
> >> Any java files that have been copied and modified from EPL source  
> >> code
> >> (I pointed them out in another email, I don't have them handy) must  
> >> be
> >> removed and replaced with new code without referencing EPL source  
> >> code
> >> to create them (a clean-room implementation).
> >>
> >> It is also my opinion that we cannot include EPL licensed javascript
> >> files (although David disagrees), which means we need to remove the
> >> web report viewer.  If you want to side with David and keep the  
> >> report
> >> viewer then at the very least the question should be asked on the
> >> legal mailing list.
> >>
> >> Regards
> >> Scott
> >>
> >> HotWax Media
> >> http://www.hotwaxmedia.com
> >>
> >> On 1/12/2009, at 8:25 PM, Hans Bakker wrote:
> >>
> >>> Hi Sott.
> >>>
> >>> can you help?
> >>>
> >>> You brought up the licensing concerns. We tried to talk to the
> >>> licensing
> >>> people at Eclipse and i am trying to solve a licensing problem as a
> >>> middleman i do not understand.
> >>>
> >>> Could you please clarify with the people at [email protected]  
> >>> and in
> >>> particular [email protected] your concerns?
> >>>
> >>> I am unable to solve the problem you brought up.
> >>>
> >>> Regards,,
> >>> Hans
> >>>
> >>> This is the last conversation we had up to now:
> >>> We sent the following message:
> >>>> We would like to ask for approval of the inclusion of the BIRT
> >>>> runtime
> >>>> with Apache OFBiz because we have concerns in the ofbiz community  
> >>>> of
> >>>> we can include the runtime.
> >>>
> >>>> one of our committers found the following license problems:
> >>>>> I checked out the branch and had a look, I see a large number of
> >>>>> javascript and jsp source files that are EPL licensed and I'm
> >>>>> pretty sure that we cannot include them.
> >>>>>
> >>>>> Additionally and this one is a little more obscure and I could
> >>>>> quite possibly be wrong but the dteapi.jar file contains a
> >>>>> javax.olap package and the only reference I can find to that
> >>>>> package is jsr-69 (http://jcp.org/en/jsr/detail?id=069).   
> >>>>> According
> >>>>> to that page the jsr never reached Final Release and the Proposed
> >>>>> Final Draft was licensed under an evaluation license.  Birt has
> >>>>> written the source code for the interfaces defined by the
> >>>>> specification themselves and licensed it as EPL but I have know
> >>>>> idea whether they were legally allowed to do that.
> >>>
> >>> could you please clarify these concerns?
> >>>
> >>> His answer was:
> >>> ---------------
> >>> Thanks for bringing your enquiry here. The birt-dev list is not
> >>> equipped
> >>> to handle licensing questions.
> >>>
> >>> First of all, the usual caveats apply. I am not a lawyer. This is  
> >>> not
> >>> legal advice.
> >>>
> >>> But first, I have some questions. When you say “redistribute”,  
> >>> what do
> >>> you mean? The EPL allows the redistribution of source code under the
> >>> EPL; binaries may be re-licensed. When you say “under the EPL
> >>> license it
> >>> is allowed to re-distribute small amounts of source like javascript
> >>> and
> >>> jsp's when it is unlikely it is changed”, if you are suggesting that
> >>> EPL
> >>> source code can be re-licensed under (say) the Apache license, you  
> >>> are
> >>> mistaken. EPL source code can never be re-licensed. However, as per
> >>> the
> >>> Apache Foundation Third Party Licensing Policy, Apache projects can
> >>> use
> >>> and distribute EPL-licensed binaries.
> >>>
> >>>
> >>> Reading between the lines I suspect that the issue you are grappling
> >>> with is that JavaScript does not really distinguish between source
> >>> code
> >>> and binary code. If so, let us know and we will keep trying to help
> >>> you
> >>> guys out.
> >>>
> >>>
> >>>
> >>> Mike Milinkovich
> >>>
> >>> Office: +1.613.224.9461 x228
> >>>
> >>> Mobile: +1.613.220.3223
> >>>
> >>> [email protected]
> >>>
> >>>
> >>>
> >>>
> >>>
> >>>
> >>> -- 
> >>> Antwebsystems.com: Quality OFBiz services for competitive rates
> >>>
> >>
> > -- 
> > Antwebsystems.com: Quality OFBiz services for competitive rates
> >
> 
-- 
Antwebsystems.com: Quality OFBiz services for competitive rates

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