I'm also not a lawyer.

If you are still concerned about this, you might want to consider deploy-time enhancement, either via deployment into a Java EE container or with the -javaagent flag. This would prevent the enhanced code from ever being written to disk, and I think that licensing typically triggers on "distribution". When using the deploy-time enhancement options, you would never be distributing enhanced code.

HTH,

-Patrick

On Apr 28, 2008, at 4:09 AM, Geir Magnusson Jr. wrote:


On Apr 28, 2008, at 6:16 AM, rlv j wrote:

Isn't your software already combined with openjpa, irrespective of the
enhancement?

I believe that 'my software' can be compiled to .class files while being
clearly not a derivative work because they are separable and only use
OpenJPA by linking.

Apache License 2 {
Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative
Works thereof. }

Of course.



However, after OpenJPA alters the code of 'my software', is the result under
Apache License?

I see. You're wondering if somehow your code is "forced" to be under the AL because of this?

First, I'm not a lawyer, I'm speaking as an individual, and the following shouldn't be in any way interpreted to be the POV of the ASF, or this PMC.

I would say the answer is no.

First, I can't imagine that the modifications made to your class file can be construed as a derivative work of OpenJPA, any more than an optimizing compiler creates a derivative work of itself when it produces object code from your source - it's just a mechanical transformation of your data.

Second, such a thing is clearly in conflict with the philosophy behind the Apache License - there's no interest in compelling anyone to put their code under the Apache License unless they make the decision to do so. While I don't think it's anywhere possible here, in the unlikely event there was a situation where such a thing was uncertain, I'm sure the PMC or ASF would provide a statement of intent to clarify. Again, I don't think thats necessary here.

geir


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Patrick Linskey
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