>A modified or amended license is problematic, as there is
>no established and well-known interpretation of it.

well this is a modified license tht has seen the firfight. They had a few
lawyers go over it and examine results.

>1) jBoss cannot include the Tomcat code and distribute
>   the combination without breaking the APL license of
>   Tomcat.

Nope APL doesn't care. It brakes the GPL if tomcat is included. Tomcat can
virtually not be in the same VM or else you are breaking the GPL.

>2) Tomcat cannot include the jBoss code and distribute
>   the combination without breaking the GPL license of
>   jBoss.

right.

>3) Someone (forgot who) refuses to add the jBoss code
>   to their tree because they have a problem with the
>   GPL license.

extention of 2 ?

>In the two first cases: These two programs can
>easily be distributed seperately.

Yes they can - but they wil never be able to interact in the same VM.

>In the last case: Don't we already have our own
>fine CVS tree?
>Would Linus Torvalds change the license of Linux
>if we refused to add it to our CVS tree because
>of his use of the GPL license ,-)

He gives exceptions actually - quite a few if what I can tell is accurate ;)

>We should concentrate on the facts:
>1) Copyright legislation.
>2) APL license.
>3) GPL license.
>4) Are any of the three above violated, and if
>   yes: How, and what are the implications?

How does 1 stand on itself ?
2 is not an issue as it is never violated.
3 is violated all the way through jBoss with JAAS, JTA, (EJB ?), JMX, (JMS?)

The implications are that anyone who distributes jBoss is accepting a
liability and can be sued for damages and for a creating a license
inconsistent with what they distribute. Damages is hardly likely to be a
problem as it is opensource dev and very few people are likely to be
directly representing their company and thus no company would go after
them. Inconsistent license is a big problem in many places (Australia and
and some states in America are good examples of such places) and can cause
a lot of pain.

>These three things are the _only_ ones that a
>lawyer would look at if he was preparing a case.

right.

>What the Tomcat community wants is their problem,
>and all that we should care about is that we must
>_not_ violate their rights.

I don't believe that is done as such. 

Cheers,

Pete

*------------------------------------------------------*
| "Nearly all men can stand adversity, but if you want |
| to test a man's character, give him power."          |
|       -Abraham Lincoln                               |
*------------------------------------------------------*

Reply via email to