> From: Andrew C. Oliver [mailto:[EMAIL PROTECTED]] 
> 
> BTW.  Define: "release" ;-)


That sounds like former persident Bill Clinton with his
"define sexual relations".  Such a question insinuates
guilt, and that you are trying to find a letter of the
law loop hole to be clever about.

Lawers are like wolves, they'll eat you for lunch.  You
may think you have a loop hole, but just shed the right
light, and it is exposed.

You're always better following the spirit of the law,
because the devil is in the details (and in the pin
striped suite....)

> 
> On Wed, 2002-03-20 at 19:55, Conor MacNeill wrote:
> > > From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]]
> > > On Thu, 21 Mar 2002, Peter Donald wrote:
> > >
> > >
> > > I think what Peter said was that you can read the spec 
> only if you 
> > > agree with the licence, and that prevents you from 
> implementing it 
> > > unless you follow all the rules.
> > >
> > 
> > You can read the spec. You just can't use the spec to create a 
> > cleanroom implementation of the specification. You can 
> still read it 
> > to understand how to use somebody else's implementation. 
> Presumably, 
> > however, having read the spec, you are tainted.
> > 
> > > That includes the requirement to pass the official test 
> suite, and 
> > > probably other restrictions I don't understand.
> > 
> > The problematic clause is this one, I presume:
> > "(vi) satisfies all testing requirements available from the 
> > Specification Lead relating to the most recently published 
> version of 
> > the Specification six (6) months prior to any release of the clean 
> > room implementation or upgrade thereto;"
> > 
> > Presumably we cannot distribute the xml-apis unless we can 
> meet this 
> > requirement of the spec.
> > 
> > This page http://jcp.org/aboutJava/communityprocess/final/jsr063/
> > 
> > asserts that there is a JAXP TCK, although you can't seem 
> to purchase 
> > it online.
> > 
> > Other restrictions - who knows? When the spec says "(vii) does not 
> > derive from any of the Specification Lead's source code or 
> binary code 
> > materials;", it is not clear to me what that covers, 
> especially in the 
> > case of JAXP where I think the RI comes from Apache, based on code 
> > originally contributed by the Specification Lead (Sun).
> > 
> > Also there may be a specific Out-of-Band Sun-Apache licence 
> in place 
> > as alluded to by Dirk earlier.
> > 
> > >
> > > It's obvious some of the people who worked on this did 
> read the spec 
> > > - so it seems this is not a legal implementation.
> > >
> > 
> > If there is no specific agreement between Sun and Apache covering 
> > this, then I agree.
> > 
> > > The licencing and jcp lists are closed to the public, and 
> this seems 
> > > to be the job of the PMC and ASF ( to verify that all the 
> software 
> > > is legally used ). I can only hope a lawyer will be used 
> to validate 
> > > it.
> > >
> > > If this is not resolved - we have to start removing all 
> dependencies 
> > > to JAXP and all other APIs that are not legal, and 
> eventually work 
> > > on replacements.
> > >
> > > There is no other way.
> > 
> > I presume you can still depend on JAXP without having your 
> own clean 
> > room implementation, nor including it in a distribution. You would 
> > have to require the user to acquire their own copy of the jaxp 
> > classes/interfaces. I haven't seen any restrictions in the spec on 
> > linking.
> > 
> > Conor
> > 
> > 
> > --
> > To unsubscribe, e-mail:   
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> > For 
> additional commands, 
> e-mail: 
> > <mailto:[EMAIL PROTECTED]>
> > 
> -- 
> http://www.superlinksoftware.com
> http://jakarta.apache.org/poi - port of Excel/Word/OLE 2 
> Compound Document 
>                             format to java 
> http://developer.java.sun.com/developer/bugParade/bugs/4487555
.html 
                        - fix java generics!
The avalanche has already started. It is too late for the pebbles to
vote. -Ambassador Kosh


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