Hi David,

As for the car analogy...certainly the "substantially derived" term is an attempt to separate the potential "OpenJDK with a twist" things from the Kaffee/Classpath/Harmony "clean-room" implementations. Of course people might replace a motor and still call it a "Chevy".

The question here is not what term real people use, but what term theGM corporation should put into a contract to avoid a real potential huge problem with modifications. They'll try to separate the "true Chevy's" from the "modified Chevy's", and they might use a term like
"substantially derived".

I can't imagine that Chevy would let a car dealer put a Chevy engine in a Honda and call it a "Chevy". I doubt they'd let a car dealer regularly replace Chevy engines with Honda engines and still call them
"Chevys".


Getting back to your point...

I think that starting with OpenJDK code and modifying it by removing parts and adding in other parts could be taken as derivation. That's certainly our position, that swapping out a part like the VM is a derivation.


I think it's a matter of ... ah ... percentages? Perhaps? Maybe it could be described as a metric of 80% of the result is OpenJDK code then it's substantiallly derived? 80% is a number I pulled out of the air, but I think it demonstrates what I'm getting at.
To be "derived", I would that that number would have to be higher than 50%, and you can't have both the engine and the rest of the car being more than 50%. If you allow less than 50%, then some other implementation could just grab a chunk of the OpenJDK and be considered "derived". For example, Classpath could grab the missing pieces that it needs. I'm not saying that's a bad thing, just saying that that doesn't make Classpath "derived" from OpenJDK, certainly
not "substantially".

Andy

- David Herron



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