RE: LICENSE in .jar files

2002-03-21 Thread Andrew C. Oliver

I guess I'm wondering what the legal definition of reverse-engineer
means.  To me that means disassemble.  If I just write something that
happens to have the same interface, inputs and outputs, to me that
doesn't qualify as reverse-engineer but maybe thats just me.  When my
5 year old stepson imitates my movements and voice intonations I don't
feel like he reverse engineered me :-)

-Andy 

On Wed, 2002-03-20 at 21:36, [EMAIL PROTECTED] wrote:
 
 On Thu, 21 Mar 2002, Conor MacNeill wrote:
 
  I don't know. IANAL. We really do need a lawyer. Anyway, in my view, you
  would not be able to legally run such a reverse engineered clone on a Sun
 
 You have a lawyer - or rather - the PMC has access to those beast. This is
 being worked on (even today - during the ASF board meeting) - and will be
 resolved. Feel free to keep bringing good examples of potential problems
 to [EMAIL PROTECTED]
 
 Dw
 
 
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RE: LICENSE in .jar files

2002-03-21 Thread Berin Loritsch

 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
  
  
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 format to java 
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.html 
- fix java generics!
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Re: LICENSE in .jar files

2002-03-21 Thread Conor MacNeill

acoliver wrote:

 I do.  I was just curious.
 

Have you a licence for that? :-) It's a mad world.

Conor


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RE: LICENSE in .jar files

2002-03-20 Thread Shane Curcuru

Sorry for my tangent - it's clear that on legal matters, I should just
get the heck outta Dodge and let someone with more patience work on it.
 8-{

I've forwarded a link (with threading) to your (Conor's) message to the
xml PMC so they should be aware of this licensing issue with JAXP and xml-commons.

=
- Shane

eof aka=mailto:[EMAIL PROTECTED];
 .sig=Du sublime au ridicule il n'y a qu'un pas. /

__
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RE: LICENSE in .jar files

2002-03-20 Thread Andrew C. Oliver

So could a non-tainted person through black box testing produce their
own JAXP clone? 

-Andy

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
 
 
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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!
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RE: LICENSE in .jar files

2002-03-20 Thread Andrew C. Oliver

BTW.  Define: release ;-)

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
 
 
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-- 
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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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Re: LICENSE in .jar files

2002-03-20 Thread Peter Donald

On Thu, 21 Mar 2002 13:03, Andrew C. Oliver wrote:
 So could a non-tainted person through black box testing produce their
 own JAXP clone?

I don't see how as they need access to Suns IP someway and there is no way to 
get a license to do that. Ie can't use spec without being tainted and can't 
use any *legal* implementation of spec because all legal implementations are 
not able to grant the right of reimplementation. 

I doubt that would hold up in court but it has held up various opensource 
projects that are actually concerned about legalities (see the GNU Classpath 
archives).

Fun fun fun.

-- 
Cheers,

Pete

**
| Trying is the first step to failure.   |
|   So never try, Lisa  - Homer Jay Simpson  |
**

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RE: LICENSE in .jar files

2002-03-20 Thread Conor MacNeill



 -Original Message-
 From: Andrew C. Oliver [mailto:[EMAIL PROTECTED]]
 Sent: Thursday, 21 March 2002 1:03 PM
 To: Jakarta General List
 Subject: RE: LICENSE in .jar files


 So could a non-tainted person through black box testing produce their
 own JAXP clone?

 -Andy


I don't know. IANAL. We really do need a lawyer. Anyway, in my view, you
would not be able to legally run such a reverse engineered clone on a Sun
JDK

From the JDK 1.4 licence.

Java Technology Restrictions. You may not modify the Java Platform Interface
(JPI, identified as classes contained within the java package or any
subpackages of the java package), by creating additional classes within
the JPI or otherwise causing the addition to or modification of the classes
in the JPI.  In the event that you create an additional class and associated
API(s) which (i) extends the functionality of the Java platform, and (ii) is
exposed to third party software developers for the purpose of developing
additional software which invokes such additional API, you must promptly
publish broadly an accurate specification for such API for free use by all
developers.  You may not create, or authorize your licensees to create,
additional classes, interfaces, or subpackages that are in any way
identified as java, javax, sun or similar convention as specified by
Sun in any naming convention designation.


Conor


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RE: LICENSE in .jar files

2002-03-20 Thread Conor MacNeill



 -Original Message-
 From: Andrew C. Oliver [mailto:[EMAIL PROTECTED]]
 Sent: Thursday, 21 March 2002 1:10 PM
 To: Jakarta General List
 Subject: RE: LICENSE in .jar files


 BTW.  Define: release ;-)


I guess it would be up to a court to define release :-) I don't know what
it means :-)

There are similar definition problems with terms such as distribution.
Does providing a jar in CVS consistute distribution. Probably does.

Conor


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RE: LICENSE in .jar files

2002-03-20 Thread dirkx


On Thu, 21 Mar 2002, Conor MacNeill wrote:

 I don't know. IANAL. We really do need a lawyer. Anyway, in my view, you
 would not be able to legally run such a reverse engineered clone on a Sun

You have a lawyer - or rather - the PMC has access to those beast. This is
being worked on (even today - during the ASF board meeting) - and will be
resolved. Feel free to keep bringing good examples of potential problems
to [EMAIL PROTECTED]

Dw


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Re: LICENSE in .jar files

2002-03-18 Thread Paul Libbrecht

Well,

This may work if:

1 the license applies to the redistributed version
2 or this license is provided only as a proof of purchase (that is a 
receipt that allows ASF to distribute this) but something more has to be 
indicated, that is, how to get it for yourself so as to be able to 
redistribute it

The problem is the following: I'm still expecting some advice from our 
lawyers but I understand currently that ALL Sun licenses are 
non-transferable. As such, anyone in the name of ASF may include this in 
one of the ASF packages but it does give no rights to redistribute to 
anyone that receives this (e.g. me downloading Ant) (*1).

So that: folks receiving such a package should be indicated that they 
can redistribute Apache software but not Sun software and, if they want 
to use Sun software, that they should pick their version at Sun's site.

(this also involves that Sun maintains such links alive, it is not the 
case of Jaxp 1.1... until we're sure they do this, it may make sense to 
URGE downloaders to get their copy right now)

After good thoughts, I feel this a bit like a trap as for many things, 
there is no way to get rid of Sun interface class files.
A complete readme, giving pointers to download your own lawful version 
of jaxp.jar, would also include how to live without jaxp.jar, if this is 
possible.
Getting rid of servlet.jar, for example, seems way harder...

So that... license in .jar files ?? Maybe, but with a readme indicating 
that one is bound by the conditions of this license even though one has 
never read it...

Paul

(*1) Actually, I am sure a dreaded crazy guy may even say that the 
action of cvs-update is already a redistribution so that another person, 
maybe not lawfully member of ASF would be prohibited to build a 
distribution

PS: JDOM beta 8 (see http://www.jdom.org) just did it almost as you say, 
they now have licenses and pointers to original projects, they did not 
say anything about redistribution though...



On Vendredi, mars 15, 2002, at 03:09 , Kevin A. Burton wrote:
 Jus thinking out loud.  Would it be a good protocol to put a LICENSE 
 file in
 .jar files under META-INF ?

 Specifically with the JCP stuff and some JAR files that come from SUN 
 and can't be redistributed.

 Thanks.  Comments appreciated.

 Kevin


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Re: LICENSE in .jar files

2002-03-14 Thread Jon Scott Stevens

on 3/14/02 6:09 PM, Kevin A. Burton [EMAIL PROTECTED] wrote:

 Would it be a good protocol to put a LICENSE file in
 .jar files under META-INF ?

Sure.

*poof* it is now done in all of the Jakarta projects.

Don't you like magic like that?

-jon


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Re: LICENSE in .jar files

2002-03-14 Thread Geir Magnusson Jr.

On 3/14/02 9:17 PM, Jon Scott Stevens [EMAIL PROTECTED] wrote:

 on 3/14/02 6:09 PM, Kevin A. Burton [EMAIL PROTECTED] wrote:
 
 Would it be a good protocol to put a LICENSE file in
 .jar files under META-INF ?
 
 Sure.
 
 *poof* it is now done in all of the Jakarta projects.
 
 Don't you like magic like that?
 

Wouldn't it be great if there was a BMW 530 in my garage when I wake up
tomorrow?

(your cue, Jon...  Blond/toledo, sport, cold, split seats, xenon)

-- 
Geir Magnusson Jr. [EMAIL PROTECTED]
System and Software Consulting
Be a giant.  Take giant steps.  Do giant things...


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Re: LICENSE in .jar files

2002-03-14 Thread Andrew C. Oliver

On Thu, 2002-03-14 at 22:16, Geir Magnusson Jr. wrote:
 On 3/14/02 9:17 PM, Jon Scott Stevens [EMAIL PROTECTED] wrote:
 
  on 3/14/02 6:09 PM, Kevin A. Burton [EMAIL PROTECTED] wrote:
  
  Would it be a good protocol to put a LICENSE file in
  .jar files under META-INF ?
  
  Sure.
  
  *poof* it is now done in all of the Jakarta projects.
  
  Don't you like magic like that?
  
 
 Wouldn't it be great if there was a BMW 530 in my garage when I wake up
 tomorrow?

oooh mee too mee tooo!!!  Thanks Papa Jon!

 
 (your cue, Jon...  Blond/toledo, sport, cold, split seats, xenon)
 
 -- 
 Geir Magnusson Jr. [EMAIL PROTECTED]
 System and Software Consulting
 Be a giant.  Take giant steps.  Do giant things...
 
 
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 To unsubscribe, e-mail:   mailto:[EMAIL PROTECTED]
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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
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