You are viewing a plain text version of this content. The canonical link for it is here.
Posted to legal-discuss@apache.org by Rick Hillegas <Ri...@Sun.COM> on 2006/08/04 22:25:32 UTC
Derby and the JCP
In the next month, Derby plans to generate a new feature release called
10.2. The Derby community is confused about a possible conflict between
the Apache 2.0 license and the JCP.
When run on J2SE 1,3, 1.4, or 1.5 there is no problem.
However, when run on Java SE 6, Derby 10.2 will expose JDBC drivers
which implement an early-draft of the JDBC4 spec, governed by JSR 221:
http://www.jcp.org/en/jsr/detail?id=221. The proposed final draft of
that spec may be found at
http://jcp.org/aboutJava/communityprocess/pfd/jsr221/index.html. Item
(3) in the NOTICE section of that draft requires that Derby ship with
the following notice. It is this notice which may conflict with the
Apache 2.0 license:
"This is an application written to interoperate
with an early-draft specification developed under the
Java Community Process (JCP) and is made available for
testing and evaluation purposes only. The code is not
compatible with any specification of the JCP."
We need your guidance:
1) Does this notice conflict with the Apache 2.0 license?
2) In particular, does this notice conflict with the AS IS clause of the
Apache 2.0 license?
Thanks,
-Rick Hillegas
---------------------------------------------------------------------
DISCLAIMER: Discussions on this list are informational and educational
only. Statements made on this list are not privileged, do not
constitute legal advice, and do not necessarily reflect the opinions
and policies of the ASF. See <http://www.apache.org/licenses/> for
official ASF policies and documents.
---------------------------------------------------------------------
To unsubscribe, e-mail: legal-discuss-unsubscribe@apache.org
For additional commands, e-mail: legal-discuss-help@apache.org
Re: Derby and the JCP
Posted by Geir Magnusson Jr <ge...@apache.org>.
Rick Hillegas wrote:
> In the next month, Derby plans to generate a new feature release called
> 10.2. The Derby community is confused about a possible conflict between
> the Apache 2.0 license and the JCP.
>
> When run on J2SE 1,3, 1.4, or 1.5 there is no problem.
>
> However, when run on Java SE 6, Derby 10.2 will expose JDBC drivers
> which implement an early-draft of the JDBC4 spec, governed by JSR 221:
> http://www.jcp.org/en/jsr/detail?id=221. The proposed final draft of
> that spec may be found at
> http://jcp.org/aboutJava/communityprocess/pfd/jsr221/index.html. Item
> (3) in the NOTICE section of that draft requires that Derby ship with
> the following notice. It is this notice which may conflict with the
> Apache 2.0 license:
>
> "This is an application written to interoperate
> with an early-draft specification developed under the
> Java Community Process (JCP) and is made available for
> testing and evaluation purposes only. The code is not
> compatible with any specification of the JCP."
>
> We need your guidance:
>
> 1) Does this notice conflict with the Apache 2.0 license?
yes. People can do whatever they want with Apache licensed code,
including run it in production, making a product, etc.
This doesn't get us out of the derby-javadb-mustang-jdbc4 jam.
The agreement we came to was that the spec would be proposed under a
license that allowed distribution with a marking that it's non-final.
I'm happy to argue for that - there's no harm in telling users it's an
implementation of an un-ratified spec, but not place any limits on use.
>
> 2) In particular, does this notice conflict with the AS IS clause of the
> Apache 2.0 license?
>
To this untrained, non-lawyer, yes.
geir
---------------------------------------------------------------------
DISCLAIMER: Discussions on this list are informational and educational
only. Statements made on this list are not privileged, do not
constitute legal advice, and do not necessarily reflect the opinions
and policies of the ASF. See <http://www.apache.org/licenses/> for
official ASF policies and documents.
---------------------------------------------------------------------
To unsubscribe, e-mail: legal-discuss-unsubscribe@apache.org
For additional commands, e-mail: legal-discuss-help@apache.org
Re: Derby and the JCP
Posted by Rick Hillegas <Ri...@Sun.COM>.
A new version of the JDBC4 license has been published. To view it,
please go to
http://jcp.org/aboutJava/communityprocess/pfd/jsr221/index.html, click
on "Download", then click on "Review License Agreement". This new
version of the license removes item (3) from the previous version. That
is the item which burdened Derby with the "for testing and evaluation
purposes only" clause. I believe the following:
A) Derby may now distribute a GA release including JDBC4 drivers. There
is no conflict with Apache's "AS IS" clause.
B) Derby's released zips and website do not need to include any
JDBC4-related warnings or restrictions.
Does this sound correct?
Thanks,
-Rick
Rick Hillegas wrote:
> In the next month, Derby plans to generate a new feature release
> called 10.2. The Derby community is confused about a possible conflict
> between the Apache 2.0 license and the JCP.
>
> When run on J2SE 1,3, 1.4, or 1.5 there is no problem.
>
> However, when run on Java SE 6, Derby 10.2 will expose JDBC drivers
> which implement an early-draft of the JDBC4 spec, governed by JSR 221:
> http://www.jcp.org/en/jsr/detail?id=221. The proposed final draft of
> that spec may be found at
> http://jcp.org/aboutJava/communityprocess/pfd/jsr221/index.html. Item
> (3) in the NOTICE section of that draft requires that Derby ship with
> the following notice. It is this notice which may conflict with the
> Apache 2.0 license:
>
> "This is an application written to interoperate
> with an early-draft specification developed under the
> Java Community Process (JCP) and is made available for
> testing and evaluation purposes only. The code is not
> compatible with any specification of the JCP."
>
> We need your guidance:
>
> 1) Does this notice conflict with the Apache 2.0 license?
>
> 2) In particular, does this notice conflict with the AS IS clause of
> the Apache 2.0 license?
>
> Thanks,
> -Rick Hillegas
>
>
>
>
---------------------------------------------------------------------
DISCLAIMER: Discussions on this list are informational and educational
only. Statements made on this list are not privileged, do not
constitute legal advice, and do not necessarily reflect the opinions
and policies of the ASF. See <http://www.apache.org/licenses/> for
official ASF policies and documents.
---------------------------------------------------------------------
To unsubscribe, e-mail: legal-discuss-unsubscribe@apache.org
For additional commands, e-mail: legal-discuss-help@apache.org
Re: Derby and the JCP
Posted by Geir Magnusson Jr <ge...@apache.org>.
Daniel John Debrunner wrote:
> Rick Hillegas wrote:
>
>> "This is an application written to interoperate
>> with an early-draft specification developed under the
>> Java Community Process (JCP) and is made available for
>> testing and evaluation purposes only. The code is not
>> compatible with any specification of the JCP."
>>
>> We need your guidance:
>>
>> 1) Does this notice conflict with the Apache 2.0 license?
>>
>> 2) In particular, does this notice conflict with the AS IS clause of the
>> Apache 2.0 license?
>
> 3) Is the restriction "made available for testing and evaluation
> purposes only" acceptable for an ASF project?
> (assuming that it means the restriction is on the application, not the
> spec).
Before we wander down into the rathole the question implies - namely :
1) who from the project was able to accept the license of the spec in a
way that binds the ASF?
2)the code existed in the ASF repo before the spec was publicly
available, so it's even arguable that we didn't use the spec to create
the code.
- lets see if we can get Sun to simply fix it by removing use
restrictions in the spec license.
(I do like #2 - that we had the code before the spec was released :)
geir
---------------------------------------------------------------------
DISCLAIMER: Discussions on this list are informational and educational
only. Statements made on this list are not privileged, do not
constitute legal advice, and do not necessarily reflect the opinions
and policies of the ASF. See <http://www.apache.org/licenses/> for
official ASF policies and documents.
---------------------------------------------------------------------
To unsubscribe, e-mail: legal-discuss-unsubscribe@apache.org
For additional commands, e-mail: legal-discuss-help@apache.org
Re: Derby and the JCP
Posted by Daniel John Debrunner <dj...@apache.org>.
Rick Hillegas wrote:
> "This is an application written to interoperate
> with an early-draft specification developed under the
> Java Community Process (JCP) and is made available for
> testing and evaluation purposes only. The code is not
> compatible with any specification of the JCP."
>
> We need your guidance:
>
> 1) Does this notice conflict with the Apache 2.0 license?
>
> 2) In particular, does this notice conflict with the AS IS clause of the
> Apache 2.0 license?
3) Is the restriction "made available for testing and evaluation
purposes only" acceptable for an ASF project?
(assuming that it means the restriction is on the application, not the
spec).
Thanks,
Dan.
---------------------------------------------------------------------
DISCLAIMER: Discussions on this list are informational and educational
only. Statements made on this list are not privileged, do not
constitute legal advice, and do not necessarily reflect the opinions
and policies of the ASF. See <http://www.apache.org/licenses/> for
official ASF policies and documents.
---------------------------------------------------------------------
To unsubscribe, e-mail: legal-discuss-unsubscribe@apache.org
For additional commands, e-mail: legal-discuss-help@apache.org