JodaStephen wrote:
> 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

The Free Software Foundation releases a Free Software version of Java 
implementation as part of their GCC product.  They've been doing so for 
years and years.  I don't believe their implementation passes the TCK. 
I don't believe they infringes on any Sun copyrights or patents or 
trademarks.

Apache can do the same (just release the non-infringing parts of 
Harmony) if they wanted to.  Apache chose not to go that route two years 
ago.  They sought to confront Sun on the issues and Sun chose to ignore 
them.  Hence the current stalemate.  And it seems to have hurt Harmony 
more than Sun, IMHO.

I sympathize with Apache's position, especially since other companies 
has gotten the TCK for free without the restrictions that Apache find 
objectionable.  Plus, if we want Java to be around in 15 years, 
profit-motivated control of Java by one company has got to be abolished.

-- 
Weiqi Gao
[email protected]
http://www.weiqigao.com/blog/

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