You are viewing a plain text version of this content. The canonical link for it is here.
Posted to jcp-open@apache.org by "Geir Magnusson Jr." <ge...@apache.org> on 2008/06/24 05:17:03 UTC
discussion : Not for Profit Open Source Community TCK License Agreement
All,
The failure of Sun to offer the ASF a Java SE TCK license that JSPA-
compliant and acceptable to the ASF doesn't diminish the importance
for the Apache Harmony project to be able to use the JCK to
demonstrate to users that it's compatible with the specification.
To that end, we are examining alternative approaches to the
traditional proprietary/confidential license process. One such
approach is to attempt to count on Sun's publicly stated interest in
supporting open-source communities. Specifically, we started with the
the following license that Sun offers to the OpenJDK community and
people who make derivative works of Open JDK (like IceTea -
congrats!!) :
http://openjdk.java.net/legal/openjdk-tck-license.pdf
and then made some modifications which are neutral and immaterial from
the perspective of the JSPA, and in addition, makes the license
functional for communities that have their own code under licenses
other than the GPL, such as us here at the ASF :
http://people.apache.org/~geirm/PROPOSAL-NFP-OSI-JCK-20080623.pdf
Note : this is meant to be a starting point for the discussion - the
ASF will need to formally review any final version of such a document
before acceptance.
The "algorithm" for producing the new license can be described as :
1) Replace "OpenJDK" with "Not-for-profit open source" : this license
is intended for use by any not-for-profit open source project/
organization, not just Sun's OpenJDK project, or the ASF for that
matter. Why 'not-for-profit'? The JSPA requires that any qualified
not-for-profit receive any TCK at no cost, so this seems like an
appropriate partitioning.
2) Broaden the applicability to any independent implementation under
any OSI approved license. Freedom is good ;)
Other than a few nips and tucks to make things read clearly and
consistently, that's about it. This license is free of the problems
that have plagued previous TCK licenses such as Field Of Use
limitations or notice requirements. While a purist might suggest that
limiting to OSI approved licenses is problematic from the POV that the
JSPA can't limit the license under which an implementation can be
distributed, it's certainly broader than the GPL-only original, and of
course we'd be happy to accept that it should be "any license of the
implementer's choosing" :)
Anyway, that's it. I think this is a solid start to an alternative
path to find a solution that we all can live with, in a rapid manner
to avoid harming the Apache Harmony project any further - it's Sun's
license, after all. I'll be forwarding this to the JCP EC for
discussion at tomorrow's meeting.
Comments welcome and appreciated.
geir
Re: discussion : Not for Profit Open Source Community TCK License Agreement
Posted by Chris Gray <ch...@kiffer.be>.
Geir,
Good luck with this! If there is anything I (as maintainer of a non-GPL VM)
can do, let me know ...
--
Chris Gray /k/ Embedded Java Solutions BE0503765045
Embedded & Mobile Java, OSGi http://www.k-embedded-java.com/
chris.gray@kiffer.be +32 3 216 0369
Skype: k.embedded.chris
Re: discussion : Not for Profit Open Source Community TCK License Agreement
Posted by "Geir Magnusson Jr." <ge...@pobox.com>.
On Jun 24, 2008, at 10:55 AM, Dain Sundstrom wrote:
> This looks like a good idea, but I'd like to clarify some points
> (just to make sure I'm reading this correctly).
>
> - This would allow the ASF to ship a certified Release of Harmony
> under the ASL 2.0
"AL 2.0" There's no "S" :)
Of course.
>
> - Downstream consumers of Harmony could:
> - modify and ship an uncertified release (an uncertified fork)
> - modify and ship certified Release only if they sign this
> contract with Sun and release their software under an OSI approvied
> license
Downstream recipients of Harmony irrespective of their corporate
structure could modify and ship whatever they want. The Apache
License allows them to do that. This license has no bearing on
downstream recipients of Apache Licensed code. It would be an
agreement between the ASF and Sun for use of the JCK.
If those recipients want certification and if they are a qualified not-
for-profit, then they can use this license if they ship under OSI. If
they are commercial, they need another license.
>
> - Apache and non-apache projects could "swipe" bits of code for
> inclusion in their projects under any license (fork a class)
Of course.
>
>
> Assuming the above is correct, I think this is an excellent start.
:)
>
>
> -dain
>
> On Jun 23, 2008, at 8:17 PM, Geir Magnusson Jr. wrote:
>
>> All,
>>
>> The failure of Sun to offer the ASF a Java SE TCK license that JSPA-
>> compliant and acceptable to the ASF doesn't diminish the importance
>> for the Apache Harmony project to be able to use the JCK to
>> demonstrate to users that it's compatible with the specification.
>>
>> To that end, we are examining alternative approaches to the
>> traditional proprietary/confidential license process. One such
>> approach is to attempt to count on Sun's publicly stated interest
>> in supporting open-source communities. Specifically, we started
>> with the the following license that Sun offers to the OpenJDK
>> community and people who make derivative works of Open JDK (like
>> IceTea - congrats!!) :
>>
>> http://openjdk.java.net/legal/openjdk-tck-license.pdf
>>
>> and then made some modifications which are neutral and immaterial
>> from the perspective of the JSPA, and in addition, makes the
>> license functional for communities that have their own code under
>> licenses other than the GPL, such as us here at the ASF :
>>
>> http://people.apache.org/~geirm/PROPOSAL-NFP-OSI-JCK-20080623.pdf
>>
>> Note : this is meant to be a starting point for the discussion -
>> the ASF will need to formally review any final version of such a
>> document before acceptance.
>>
>> The "algorithm" for producing the new license can be described as :
>>
>> 1) Replace "OpenJDK" with "Not-for-profit open source" : this
>> license is intended for use by any not-for-profit open source
>> project/organization, not just Sun's OpenJDK project, or the ASF
>> for that matter. Why 'not-for-profit'? The JSPA requires that any
>> qualified not-for-profit receive any TCK at no cost, so this seems
>> like an appropriate partitioning.
>>
>> 2) Broaden the applicability to any independent implementation
>> under any OSI approved license. Freedom is good ;)
>>
>> Other than a few nips and tucks to make things read clearly and
>> consistently, that's about it. This license is free of the
>> problems that have plagued previous TCK licenses such as Field Of
>> Use limitations or notice requirements. While a purist might
>> suggest that limiting to OSI approved licenses is problematic from
>> the POV that the JSPA can't limit the license under which an
>> implementation can be distributed, it's certainly broader than the
>> GPL-only original, and of course we'd be happy to accept that it
>> should be "any license of the implementer's choosing" :)
>>
>> Anyway, that's it. I think this is a solid start to an alternative
>> path to find a solution that we all can live with, in a rapid
>> manner to avoid harming the Apache Harmony project any further -
>> it's Sun's license, after all. I'll be forwarding this to the JCP
>> EC for discussion at tomorrow's meeting.
>>
>> Comments welcome and appreciated.
>>
>> geir
>>
>
Re: discussion : Not for Profit Open Source Community TCK License Agreement
Posted by Dain Sundstrom <da...@iq80.com>.
This looks like a good idea, but I'd like to clarify some points (just
to make sure I'm reading this correctly).
- This would allow the ASF to ship a certified Release of Harmony
under the ASL 2.0
- Downstream consumers of Harmony could:
- modify and ship an uncertified release (an uncertified fork)
- modify and ship certified Release only if they sign this
contract with Sun and release their software under an OSI approvied
license
- Apache and non-apache projects could "swipe" bits of code for
inclusion in their projects under any license (fork a class)
Assuming the above is correct, I think this is an excellent start.
-dain
On Jun 23, 2008, at 8:17 PM, Geir Magnusson Jr. wrote:
> All,
>
> The failure of Sun to offer the ASF a Java SE TCK license that JSPA-
> compliant and acceptable to the ASF doesn't diminish the importance
> for the Apache Harmony project to be able to use the JCK to
> demonstrate to users that it's compatible with the specification.
>
> To that end, we are examining alternative approaches to the
> traditional proprietary/confidential license process. One such
> approach is to attempt to count on Sun's publicly stated interest in
> supporting open-source communities. Specifically, we started with
> the the following license that Sun offers to the OpenJDK community
> and people who make derivative works of Open JDK (like IceTea -
> congrats!!) :
>
> http://openjdk.java.net/legal/openjdk-tck-license.pdf
>
> and then made some modifications which are neutral and immaterial
> from the perspective of the JSPA, and in addition, makes the license
> functional for communities that have their own code under licenses
> other than the GPL, such as us here at the ASF :
>
> http://people.apache.org/~geirm/PROPOSAL-NFP-OSI-JCK-20080623.pdf
>
> Note : this is meant to be a starting point for the discussion - the
> ASF will need to formally review any final version of such a
> document before acceptance.
>
> The "algorithm" for producing the new license can be described as :
>
> 1) Replace "OpenJDK" with "Not-for-profit open source" : this
> license is intended for use by any not-for-profit open source
> project/organization, not just Sun's OpenJDK project, or the ASF for
> that matter. Why 'not-for-profit'? The JSPA requires that any
> qualified not-for-profit receive any TCK at no cost, so this seems
> like an appropriate partitioning.
>
> 2) Broaden the applicability to any independent implementation under
> any OSI approved license. Freedom is good ;)
>
> Other than a few nips and tucks to make things read clearly and
> consistently, that's about it. This license is free of the problems
> that have plagued previous TCK licenses such as Field Of Use
> limitations or notice requirements. While a purist might suggest
> that limiting to OSI approved licenses is problematic from the POV
> that the JSPA can't limit the license under which an implementation
> can be distributed, it's certainly broader than the GPL-only
> original, and of course we'd be happy to accept that it should be
> "any license of the implementer's choosing" :)
>
> Anyway, that's it. I think this is a solid start to an alternative
> path to find a solution that we all can live with, in a rapid manner
> to avoid harming the Apache Harmony project any further - it's Sun's
> license, after all. I'll be forwarding this to the JCP EC for
> discussion at tomorrow's meeting.
>
> Comments welcome and appreciated.
>
> geir
>