On Mar 27, 11:31 pm, Neal Gafter <[email protected]> wrote:
> On Mar 27, 6:17 am, JodaStephen <[email protected]> wrote:
>
> > "2006.10.24 - 7. Nothing in the licensing terms will prevent open
> > source projects from creating and distributing their own compatible
> > open source implementations of Java SE 6, using standard open source
> > licenses. (Yes, you can create your own open source implementation of
> > Java SE 6 if you really want to. But we're also doing everything we
> > can to make it easy for you to use the original RI sources! 
> > Seehttp://jdk6.dev.java.net.) "http://jcp.org/en/jsr/detail?id=270
>
> It isn't the licensing terms preventing Harmony from producing a
> compatible implementation; if Harmony gets a license, they are free to
> do so.  It is Harmony's finances that make them unable to pay the
> necessary fee to become a licensee.

Nope. Apache is a "Qualified Not For Profit" as described in the JSPA
legal agreement (section 1.18). They are fully entitled to obtain the
testing kit for $free, and the offer Sun did make was for $free. The
problem is with the additional "Field of use" terms added to the
testing kit license that infect the tested code and make it not open
source. See the explanation in pictures -
http://www.jroller.com/scolebourne/entry/sun_apache_ip_in_pictures -
for how this was achieved.

BTW, Apache successfully implement 25 other JSRs, with $free access to
the testing kits. Why is this JSR so special?

Stephen

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