We, the committers of XMLBeans think licensing of different pieces that 
XMLBeans uses is very important.

I'm not a layer, please correct me if I'm wrong, but here is my take on this 
problem:

XMLBeans code depends on external/lib/jsr173_api.jar, this API jar is extracted 
from external/lib/jsr173.jar which is downloaded from 
http://workshop.bea.com/xmlbeans/jsr173v1/jsr173.jar. The download is done on 
ant deploy only if a jsr173.jar is not found at that location.

The jsr173_1.0_api.jar contains binaries for The Streaming API for XML (StAX), 
also known as JSR173. Since, BEA was the lead of this JSR, it was responsible 
for making this binary under a publicly usable license under the JCP rules. 
Further more, the file jsr173_api.jar included in Sun's jwsdp-1.6\sjsxp\lib is 
the same binary, under the same BEA.RI.LIC.txt license.

XMLBeans v2.0.0 distribution files include the jsr173_api.jar file, but it 
doesn't include license.txt for it. If there are no objections, I will update 
the distribution files to include the file BEA.RI.LIC.txt, in the next few days.

Cezar

> -----Original Message-----
> From: robert burrell donkin [mailto:[EMAIL PROTECTED]
> Sent: Monday, August 01, 2005 5:27 PM
> To: dev@xmlbeans.apache.org
> Subject: Re: Legal issue: Considering Sun's JSR173 implementation over
> Bea's
> 
> On Wed, 2005-07-27 at 12:24 +0300, Panu Hällfors wrote:
> > Good morning!
> >
> > I'm returning to the jsr173_api.jar licensing issue
> > I noted about some time ago.
> >
> > We've found out that the jsr173_api.jar bundled with XMLBeans
> > is most likely ripped off from Bea's reference implementation
> > available at http://ftpna2.bea.com/pub/downloads/jsr173.jar.
> > However, Bea's distribution doesn't explicitely define
> > _any license at all_ for the api jar (which, at least here in
> > Finland, means that legally you have no right of any kind to
> > use it!).
> >
> > Thus, we're using Sun's implementation of JSR-173 from their
> > Web services developer pack.
> > (http://java.sun.com/webservices/downloads/webservicespack.html)
> >
> > Sun's implementation has proper license documentation which
> > allows you to use and redistribute jsr173_api.jar. In addition,
> > it seems to work with XMLBeans out of the box (at least at runtime,
> > didn't check code generation yet).
> >
> >
> > I'd recommend XMLBeans authors to switch over to Sun's
> > implementation in the official XMLBeans distribution, too.
> >
> > The seemingly minor license problem might not be a problem
> > for you as individual developers, but it may prevent other
> > parties from using XMLBeans. Companies just cannot take such
> > immaterial property right risks.
> 
> hi panu
> 
> the apache software foundation takes copyright issues very seriously.
> 
> FYI xml-beans was donated to the ASF by BEA so the jar in question may
> well be covered by agreements already in place. (though it probably
> needs to be labelled better.) alternatively, there may have been some
> kind of administrative mix-up. i'll make some enquiries...
> 
> - robert

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