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Posted to jcp-open@apache.org by Davanum Srinivas <da...@gmail.com> on 2007/05/13 05:26:37 UTC

Any news on the TCK for Harmony?

Folks,

Have we heard from Sun officially on our Open Letter for access to the
TCK for Harmony? Is it time to figure out the next steps on how to
deal with Sun's reluctance to keep it's agreements?

Thanks,
dims

-- 
Davanum Srinivas :: http://davanum.wordpress.com

Re: Any news on the TCK for Harmony?

Posted by Joe Schaefer <jo...@sunstarsys.com>.
"Justin Erenkrantz" <ju...@erenkrantz.com> writes:

> On 5/13/07, Joe Schaefer <jo...@sunstarsys.com> wrote:
>> Ah good then- here's some from the meeting minutes:
>>
>>   http://www.apache.org/foundation/records/minutes/2006/board_minutes_2006_10_25.txt
>>   http://www.apache.org/foundation/records/minutes/2006/board_minutes_2006_12_20.txt
>>   http://www.apache.org/foundation/records/minutes/2007/board_minutes_2007_01_17.txt
>
> Do expect another round of minutes to be approved at this week's Board
> meeting.  -- justin

And here they are:

http://www.apache.org/foundation/records/minutes/2007/board_minutes_2007_02_21.txt
http://www.apache.org/foundation/records/minutes/2007/board_minutes_2007_03_28.txt
http://www.apache.org/foundation/records/minutes/2007/board_minutes_2007_04_25.txt

-- 
Joe Schaefer

Re: Any news on the TCK for Harmony?

Posted by Justin Erenkrantz <ju...@erenkrantz.com>.
On 5/13/07, Joe Schaefer <jo...@sunstarsys.com> wrote:
> Ah good then- here's some from the meeting minutes:
>
>   http://www.apache.org/foundation/records/minutes/2006/board_minutes_2006_10_25.txt
>   http://www.apache.org/foundation/records/minutes/2006/board_minutes_2006_12_20.txt
>   http://www.apache.org/foundation/records/minutes/2007/board_minutes_2007_01_17.txt

Do expect another round of minutes to be approved at this week's Board
meeting.  -- justin

Re: Any news on the TCK for Harmony?

Posted by "Geir Magnusson Jr." <ge...@pobox.com>.
On May 13, 2007, at 4:21 PM, Joe Schaefer wrote:

> "Geir Magnusson Jr." <ge...@pobox.com> writes:
>
>> On May 13, 2007, at 3:33 PM, Joe Schaefer wrote:
>>
>>> "Davanum Srinivas" <da...@gmail.com> writes:
>>>
>>>> Folks,
>>>>
>>>> Have we heard from Sun officially on our Open Letter for access  
>>>> to the
>>>> TCK for Harmony?
>>>
>>> AIUI our self-imposed deadline has passed, and negotiations to
>>> this point have failed.  It's too bad that there's absolutely
>>> no public record of those negotiations here or anywhere else,
>>> so we'll have to start the discussion from scratch.
>>
>> Not really.
>
> Ah good then- here's some from the meeting minutes:
>
>   http://www.apache.org/foundation/records/minutes/2006/ 
> board_minutes_2006_10_25.txt
>   http://www.apache.org/foundation/records/minutes/2006/ 
> board_minutes_2006_12_20.txt
>   http://www.apache.org/foundation/records/minutes/2007/ 
> board_minutes_2007_01_17.txt
>
>>>
>>>> Is it time to figure out the next steps on how to deal with Sun's
>>>> reluctance to keep it's agreements?
>>>
>>> Yes, but we're still waiting for our VP of the JCP to sort out his
>>> dissonance and provide a summary report.
>>
>> What dissonance?
>
> You mentioned privately that you didn't want to "push things off a
> cliff".  I assume by that you meant opening this discussion here on
> the issues surrounding Harmony and the TCK.

Er, no.  But since I don't remember which private message the above  
is from, I'll have to go back to figure out the context.

geir


>
> -- 
> Joe Schaefer


Re: Any news on the TCK for Harmony?

Posted by "Geir Magnusson Jr." <ge...@apache.org>.
On May 14, 2007, at 11:49 AM, Henri Yandell wrote:

> On 5/13/07, Joe Schaefer <jo...@sunstarsys.com> wrote:
>>
>> I've also reviewed the resources for spec leads available at
>>
>> http://jcp.org/en/resources/guide
>>
>> and the template licenses are chock-full of Field-of-Use provisions.
>> How does one know which JSR's can be safely implemented in open
>> source?
>
> I think the answer there should be 'one asks Apache'. We need to
> publish our definition of openness for JSRs - the JCP page pretty much
> has that, but we're either adding the no-FOU or no-Veto to that. Then
> we need to list the JSRs that can be considered open.

If we do that, then we are conceding that a FOU is technically legal,  
and we are simply stating a preference.

Our position should be that FOUs that restrict downstream uses of  
tested code are *not* permitted.

Period.

Sun still has a veto for changes made to SE, ME and EE.  I actually  
don't care - they claim it's not an issue.  If it does become an  
issue, the veto mechanism itself will be the least of our problems, I  
think.

geir


Re: Any news on the TCK for Harmony?

Posted by Sam Ruby <ru...@intertwingly.net>.
On 5/14/07, Joe Schaefer <jo...@sunstarsys.com> wrote:
> "Henri Yandell" <ba...@apache.org> writes:
>
> > On 5/13/07, Joe Schaefer <jo...@sunstarsys.com> wrote:
> >>
> >> I've also reviewed the resources for spec leads available at
> >>
> >> http://jcp.org/en/resources/guide
> >>
> >> and the template licenses are chock-full of Field-of-Use provisions.
> >> How does one know which JSR's can be safely implemented in open
> >> source?
> >
> > I think the answer there should be 'one asks Apache'. We need to
> > publish our definition of openness for JSRs - the JCP page pretty much
> > has that, but we're either adding the no-FOU or no-Veto to that. Then
> > we need to list the JSRs that can be considered open.
>
> But how do we go about constructing such a list if the terms
> of the spec are not available to the general public?

Simple.  We color those squares red.

- Sam Ruby

Re: Any news on the TCK for Harmony?

Posted by Joe Schaefer <jo...@sunstarsys.com>.
"Geir Magnusson Jr." <ge...@apache.org> writes:

> On May 14, 2007, at 7:28 PM, Joe Schaefer wrote:

[...]

>> The problem is that we actually voted no on JSR 99:
>>
>> http://jcp.org/en/jsr/results?j=99&t=7&c=1
>
> Read it carefully.  That's just the community draft.  We said no, people agreed
> with us, we still got out voted.
>
> But didn't matter - we made a point.  See what happened at the end, in the
> final approval vote :
>
> http://jcp.org/en/jsr/results?id=1379
>
>>
>> What I'm looking for are explicit terms in the contract which
>> proscribe Sun's FOU restrictions.
>
> You're not going to find
>
>   "spec lead isn't allowed to have FOU restrictions"
>
> anywhere.  However, I think we do a good job in the openletter of
> pointing out how such a thing isn't allowed
>
>   http://www.apache.org/jcp/sunopenletter.html
>
> Have you read that?

I have. With that, I think the jcp-open@ 
archives are now up-to-date.

-- 
Joe Schaefer - chief agitator

Re: Any news on the TCK for Harmony?

Posted by "Geir Magnusson Jr." <ge...@apache.org>.
On May 14, 2007, at 7:28 PM, Joe Schaefer wrote:

> "Henri Yandell" <ba...@apache.org> writes:
>
>> On 5/14/07, Joe Schaefer <jo...@sunstarsys.com> wrote:
>>> "Geir Magnusson Jr." <ge...@apache.org> writes:
>>>
>>>> Again, I think that we'd be better served sticking to our guns  
>>>> here -
>>>> that the JCP is open because of the changes pushed through by  
>>>> the ASF
>>>> in 2002.
>>>
>>> Could I get a Chapter and Verse or full-quote of the text in the  
>>> JSPA
>>> we are basing that opinion on?  I have read
>>>
>>> http://jcp.org/aboutJava/communityprocess/announce/ 
>>> LetterofIntent.html
>>>
>>> but I haven't been able to figure out how this was codified
>>> in the JSPA we signed.
>>
>> http://jakarta.apache.org/site/jspa-agreement.html is what I know of.
>
> The problem is that we actually voted no on JSR 99:
>
> http://jcp.org/en/jsr/results?j=99&t=7&c=1

Read it carefully.  That's just the community draft.  We said no,  
people agreed with us, we still got out voted.

But didn't matter - we made a point.  See what happened at the end,  
in the final approval vote :

http://jcp.org/en/jsr/results?id=1379

>
> What I'm looking for are explicit terms in the contract which
> proscribe Sun's FOU restrictions.

You're not going to find

   "spec lead isn't allowed to have FOU restrictions"

anywhere.  However, I think we do a good job in the openletter of  
pointing out how such a thing isn't allowed

   http://www.apache.org/jcp/sunopenletter.html

Have you read that?

geir




Re: Any news on the TCK for Harmony?

Posted by Joe Schaefer <jo...@sunstarsys.com>.
"Henri Yandell" <ba...@apache.org> writes:

> On 5/14/07, Joe Schaefer <jo...@sunstarsys.com> wrote:
>> "Geir Magnusson Jr." <ge...@apache.org> writes:
>>
>> > Again, I think that we'd be better served sticking to our guns here -
>> > that the JCP is open because of the changes pushed through by the ASF
>> > in 2002.
>>
>> Could I get a Chapter and Verse or full-quote of the text in the JSPA
>> we are basing that opinion on?  I have read
>>
>> http://jcp.org/aboutJava/communityprocess/announce/LetterofIntent.html
>>
>> but I haven't been able to figure out how this was codified
>> in the JSPA we signed.
>
> http://jakarta.apache.org/site/jspa-agreement.html is what I know of.

The problem is that we actually voted no on JSR 99:

http://jcp.org/en/jsr/results?j=99&t=7&c=1

What I'm looking for are explicit terms in the contract which
proscribe Sun's FOU restrictions.

-- 
Joe Schaefer

Re: Any news on the TCK for Harmony?

Posted by Henri Yandell <ba...@apache.org>.
On 5/14/07, Joe Schaefer <jo...@sunstarsys.com> wrote:
> "Geir Magnusson Jr." <ge...@apache.org> writes:
>
> > Again, I think that we'd be better served sticking to our guns here -
> > that the JCP is open because of the changes pushed through by the ASF
> > in 2002.
>
> Could I get a Chapter and Verse or full-quote of the text in the JSPA
> we are basing that opinion on?  I have read
>
> http://jcp.org/aboutJava/communityprocess/announce/LetterofIntent.html
>
> but I haven't been able to figure out how this was codified
> in the JSPA we signed.

http://jakarta.apache.org/site/jspa-agreement.html is what I know of.

Hen

Re: Any news on the TCK for Harmony?

Posted by Joe Schaefer <jo...@sunstarsys.com>.
"Geir Magnusson Jr." <ge...@apache.org> writes:

> Again, I think that we'd be better served sticking to our guns here -
> that the JCP is open because of the changes pushed through by the ASF
> in 2002. 

Could I get a Chapter and Verse or full-quote of the text in the JSPA
we are basing that opinion on?  I have read

http://jcp.org/aboutJava/communityprocess/announce/LetterofIntent.html

but I haven't been able to figure out how this was codified
in the JSPA we signed.

-- 
Joe Schaefer

Re: Any news on the TCK for Harmony?

Posted by "Geir Magnusson Jr." <ge...@apache.org>.
On May 14, 2007, at 3:02 PM, Joe Schaefer wrote:

> "Henri Yandell" <ba...@apache.org> writes:
>
>> On 5/13/07, Joe Schaefer <jo...@sunstarsys.com> wrote:
>>>
>>> I've also reviewed the resources for spec leads available at
>>>
>>> http://jcp.org/en/resources/guide
>>>
>>> and the template licenses are chock-full of Field-of-Use provisions.
>>> How does one know which JSR's can be safely implemented in open
>>> source?
>>
>> I think the answer there should be 'one asks Apache'. We need to
>> publish our definition of openness for JSRs - the JCP page pretty  
>> much
>> has that, but we're either adding the no-FOU or no-Veto to that. Then
>> we need to list the JSRs that can be considered open.
>
> But how do we go about constructing such a list if the terms
> of the spec are not available to the general public?  Furthermore,
> we can't simply base it on the fact that we have been able to
> successfully negotiate open-source compatible terms in the past,
> assuming the spec lead may offer different terms to different
> implementors on a case-by-case basis.

I actually have no problem with the fact that the spec lead can offer  
different terms to different people.  What we must have is a publicly  
known set of terms delivered at final review, which remains publicly  
posted.  This is an element in the JCP that's missing, and something  
that several of us have been pushing for in the current JCP process JSR.

>
> I think the policy should be trust-but-verify, so the public
> has an opportunity to catch any mistakes we may have made in
> our assessment of the openness of any particular JSR.

Again, I think that we'd be better served sticking to our guns here -  
that the JCP is open because of the changes pushed through by the ASF  
in 2002.  Augment that with forcing the requirement that a "minimum  
TCK license" be made and kept publicly available, and  I think we're  
in great shape.

geir



Re: Any news on the TCK for Harmony?

Posted by Joe Schaefer <jo...@sunstarsys.com>.
"Henri Yandell" <ba...@apache.org> writes:

> On 5/13/07, Joe Schaefer <jo...@sunstarsys.com> wrote:
>>
>> I've also reviewed the resources for spec leads available at
>>
>> http://jcp.org/en/resources/guide
>>
>> and the template licenses are chock-full of Field-of-Use provisions.
>> How does one know which JSR's can be safely implemented in open
>> source?
>
> I think the answer there should be 'one asks Apache'. We need to
> publish our definition of openness for JSRs - the JCP page pretty much
> has that, but we're either adding the no-FOU or no-Veto to that. Then
> we need to list the JSRs that can be considered open.

But how do we go about constructing such a list if the terms
of the spec are not available to the general public?  Furthermore,
we can't simply base it on the fact that we have been able to
successfully negotiate open-source compatible terms in the past,
assuming the spec lead may offer different terms to different
implementors on a case-by-case basis.

I think the policy should be trust-but-verify, so the public
has an opportunity to catch any mistakes we may have made in
our assessment of the openness of any particular JSR.

-- 
Joe Schaefer

Re: Any news on the TCK for Harmony?

Posted by Henri Yandell <ba...@apache.org>.
On 5/13/07, Joe Schaefer <jo...@sunstarsys.com> wrote:
>
> I've also reviewed the resources for spec leads available at
>
> http://jcp.org/en/resources/guide
>
> and the template licenses are chock-full of Field-of-Use provisions.
> How does one know which JSR's can be safely implemented in open
> source?

I think the answer there should be 'one asks Apache'. We need to
publish our definition of openness for JSRs - the JCP page pretty much
has that, but we're either adding the no-FOU or no-Veto to that. Then
we need to list the JSRs that can be considered open.

Hen

Re: Any news on the TCK for Harmony?

Posted by "Geir Magnusson Jr." <ge...@pobox.com>.
On May 22, 2007, at 11:27 PM, Dain Sundstrom wrote:

> On May 22, 2007, at 5:52 PM, Geir Magnusson Jr. wrote:
>
>> On May 22, 2007, at 6:02 PM, Dain Sundstrom wrote:
>>
>>> On May 14, 2007, at 12:32 PM, Geir Magnusson Jr. wrote:
>>>
>>>> For me, the core problem is that Sun is violating the terms of  
>>>> the JSPA.  It's my belief that we need to treat Sun with that in  
>>>> mind going forward, as we would treat any participant in the JCP  
>>>> that is in violation of the rules.  True, the structure of the  
>>>> JCP is that in which Sun is is the common countersigner to the  
>>>> JSPA, but we shouldn't "beatify" their position in the  
>>>> ecosystem.  Sure, they invented Java, and all things considered,  
>>>> have done a decent job of stewardship.  However, the fundamental  
>>>> premise behind the JCP is that it's a community process, and I  
>>>> think we should seriously test this assertion and decide what to  
>>>> do once we know.
>>>
>>> Is there any recourse in the JCP process to censure Sun or remove  
>>> Sun from the JCP since they are (in our opinion) violating the  
>>> agreements that form the foundation of the JCP itself?
>>>
>>
>> Structurally?  No.  Sun runs the Program Management Organization  
>> (the "PMO") and the legal structure of the JCP is a hub-and-spoke  
>> web of contracts (the JSPA) between Sun and every member.  Short  
>> of suing them, which isn't something we're planning, the only  
>> thing we can do is apply pressure via the community and our EC  
>> voting, which will both do.
>
> Boy, that doesn't seem like a fair structure.  Oh well, not a whole  
> lot we can do about that now.

No, but life is a series of changes.   This can't last forever.   
After all, there are options.

geir

>
> -dain


Re: Any news on the TCK for Harmony?

Posted by Dain Sundstrom <da...@iq80.com>.
On May 22, 2007, at 5:52 PM, Geir Magnusson Jr. wrote:

> On May 22, 2007, at 6:02 PM, Dain Sundstrom wrote:
>
>> On May 14, 2007, at 12:32 PM, Geir Magnusson Jr. wrote:
>>
>>> For me, the core problem is that Sun is violating the terms of  
>>> the JSPA.  It's my belief that we need to treat Sun with that in  
>>> mind going forward, as we would treat any participant in the JCP  
>>> that is in violation of the rules.  True, the structure of the  
>>> JCP is that in which Sun is is the common countersigner to the  
>>> JSPA, but we shouldn't "beatify" their position in the  
>>> ecosystem.  Sure, they invented Java, and all things considered,  
>>> have done a decent job of stewardship.  However, the fundamental  
>>> premise behind the JCP is that it's a community process, and I  
>>> think we should seriously test this assertion and decide what to  
>>> do once we know.
>>
>> Is there any recourse in the JCP process to censure Sun or remove  
>> Sun from the JCP since they are (in our opinion) violating the  
>> agreements that form the foundation of the JCP itself?
>>
>
> Structurally?  No.  Sun runs the Program Management Organization  
> (the "PMO") and the legal structure of the JCP is a hub-and-spoke  
> web of contracts (the JSPA) between Sun and every member.  Short of  
> suing them, which isn't something we're planning, the only thing we  
> can do is apply pressure via the community and our EC voting, which  
> will both do.

Boy, that doesn't seem like a fair structure.  Oh well, not a whole  
lot we can do about that now.

-dain

Re: Any news on the TCK for Harmony?

Posted by "Geir Magnusson Jr." <ge...@apache.org>.
On May 22, 2007, at 6:02 PM, Dain Sundstrom wrote:

> On May 14, 2007, at 12:32 PM, Geir Magnusson Jr. wrote:
>
>> For me, the core problem is that Sun is violating the terms of the  
>> JSPA.  It's my belief that we need to treat Sun with that in mind  
>> going forward, as we would treat any participant in the JCP that  
>> is in violation of the rules.  True, the structure of the JCP is  
>> that in which Sun is is the common countersigner to the JSPA, but  
>> we shouldn't "beatify" their position in the ecosystem.  Sure,  
>> they invented Java, and all things considered, have done a decent  
>> job of stewardship.  However, the fundamental premise behind the  
>> JCP is that it's a community process, and I think we should  
>> seriously test this assertion and decide what to do once we know.
>
> Is there any recourse in the JCP process to censure Sun or remove  
> Sun from the JCP since they are (in our opinion) violating the  
> agreements that form the foundation of the JCP itself?
>

Structurally?  No.  Sun runs the Program Management Organization (the  
"PMO") and the legal structure of the JCP is a hub-and-spoke web of  
contracts (the JSPA) between Sun and every member.  Short of suing  
them, which isn't something we're planning, the only thing we can do  
is apply pressure via the community and our EC voting, which will  
both do.

geir


> -dain


Re: Any news on the TCK for Harmony?

Posted by Dain Sundstrom <da...@iq80.com>.
On May 14, 2007, at 12:32 PM, Geir Magnusson Jr. wrote:

> For me, the core problem is that Sun is violating the terms of the  
> JSPA.  It's my belief that we need to treat Sun with that in mind  
> going forward, as we would treat any participant in the JCP that is  
> in violation of the rules.  True, the structure of the JCP is that  
> in which Sun is is the common countersigner to the JSPA, but we  
> shouldn't "beatify" their position in the ecosystem.  Sure, they  
> invented Java, and all things considered, have done a decent job of  
> stewardship.  However, the fundamental premise behind the JCP is  
> that it's a community process, and I think we should seriously test  
> this assertion and decide what to do once we know.

Is there any recourse in the JCP process to censure Sun or remove Sun  
from the JCP since they are (in our opinion) violating the agreements  
that form the foundation of the JCP itself?

-dain

Re: Any news on the TCK for Harmony?

Posted by Davanum Srinivas <da...@gmail.com>.
"but it's been perfectly fine for us until now"...I disagree. From the
day i wanted a TCK for JAXRPC. It's been nothing but a headache!. Who
gets to know what and when, who has access, what can i share, how can
i get help from someone who has not signed the NDA, Getting to know
who has signed the NDA...All this in a public open source project.
it's just not right. But anyway, I digress.....All these have nothing
to do with Sun's reluctance to keep its current agreements. If we do
sign anything else with them in the future, all these
non-open-sourcey-corporate-stuff has to go!

thanks,
dims

On 5/14/07, Geir Magnusson Jr. <ge...@apache.org> wrote:
>
> On May 13, 2007, at 10:04 PM, Joe Schaefer wrote:
>
> > "Geir Magnusson Jr." <ge...@pobox.com> writes:
> >
> > [...]
> >
> >> Realistically, I'm not too surprised given that it was in their
> >> best interest
> >> to not throw gasoline on this fire before or during their  biggest
> >> conference,
> >> JavaOne.  Sure, I would have preferred the  courtesy of a reply, but
> >> considering the source, I'm not surprised.   Maybe we'll get one
> >> this week
> >> (probably not - Sun recovers from it's  J1 hangover the week after
> >> the
> >> conference), or maybe not.   In some  ways, it doesn't matter.  We
> >> understand
> >> the whole equation (including  Sun's motivations behind their
> >> breach of
> >> contract) and we believe  that our position is the correct one,
> >> both in the
> >> letter and the  spirit of the law.  To that,  I'll note that Sun
> >> has yet to
> >> actually  dispute this.
> >
> > What I don't quite yet understand is why the terms of the TCK were not
> > disclosed when we first announced our intentions to implement JSR-176.
>
> Because we understand the JSPA and after N TCK licenses (I forget
> what N is) I never suspected this would happen.  As a matter of fact,
> the first draft of the TCK license we received was just fine - it was
> like every other TCK license we received.  THe only thing it was
> missing was the "list price" for the JCK in the event that the ASF
> converted to a for-profit entity. :/
>
> At the time, I suggested that they put any number they wanted (I
> suggested $1B) given the likelihood of the ASF being a for-profit.
> But someone wanted to be a sticker for process, and my assessment is
> that once the sales people caught wind of this, that's when this
> problem started.
>
> > 95% complete is too late in the game to find out the spec cannot be
> > implemented in open source.  AIUI the EC has to be notified of
> > all the business terms of a spec prior to ratification.  Was this
> > a simple oversight?
>
> I don't think so.  I believe that there is no requirement for full
> TCK terms at ratification, and the spec lead can change them at
> will.  That's one of the things we've changed in our voting - we will
> vote no on any spec that doesn't give TCK terms to us for final review.
>
> Remember, a FOU *isn't allowed*.  If we had to worry about every
> term, there would be a laundry list of things we'd have to ask for
> assurance won't be done.  The JSPA establishes a framework in which
> we work.  Either the "rule of law" stands, or we're in some kind of
> Mad Max standards body.
>
> For me, the core problem is that Sun is violating the terms of the
> JSPA.  It's my belief that we need to treat Sun with that in mind
> going forward, as we would treat any participant in the JCP that is
> in violation of the rules.  True, the structure of the JCP is that in
> which Sun is is the common countersigner to the JSPA, but we
> shouldn't "beatify" their position in the ecosystem.  Sure, they
> invented Java, and all things considered, have done a decent job of
> stewardship.  However, the fundamental premise behind the JCP is that
> it's a community process, and I think we should seriously test this
> assertion and decide what to do once we know.
>
> >
> > I've also reviewed the resources for spec leads available at
> >
> > http://jcp.org/en/resources/guide
> >
> > and the template licenses are chock-full of Field-of-Use provisions.
> > How does one know which JSR's can be safely implemented in open
> > source?
>
> Our position is that *every* JSR can be safely implemented in open
> source.  That's based on the work we did 5-ish years ago.
>
> The problem isn't that the JCP is fundamentally flawed - sure, it's
> not perfect, but it's been perfectly fine for us until now.  This
> incident is - IMO - that of a community member attempting to game the
> system in a way incompatible with the letter and spirit of "the
> law".  I believe this is the position we should take, and see if the
> JCP is capable of self-governance.
>
> geir
>
>


-- 
Davanum Srinivas :: http://davanum.wordpress.com

Re: Any news on the TCK for Harmony?

Posted by "Geir Magnusson Jr." <ge...@apache.org>.
On May 13, 2007, at 10:04 PM, Joe Schaefer wrote:

> "Geir Magnusson Jr." <ge...@pobox.com> writes:
>
> [...]
>
>> Realistically, I'm not too surprised given that it was in their  
>> best interest
>> to not throw gasoline on this fire before or during their  biggest  
>> conference,
>> JavaOne.  Sure, I would have preferred the  courtesy of a reply, but
>> considering the source, I'm not surprised.   Maybe we'll get one  
>> this week
>> (probably not - Sun recovers from it's  J1 hangover the week after  
>> the
>> conference), or maybe not.   In some  ways, it doesn't matter.  We  
>> understand
>> the whole equation (including  Sun's motivations behind their  
>> breach of
>> contract) and we believe  that our position is the correct one,  
>> both in the
>> letter and the  spirit of the law.  To that,  I'll note that Sun  
>> has yet to
>> actually  dispute this.
>
> What I don't quite yet understand is why the terms of the TCK were not
> disclosed when we first announced our intentions to implement JSR-176.

Because we understand the JSPA and after N TCK licenses (I forget  
what N is) I never suspected this would happen.  As a matter of fact,  
the first draft of the TCK license we received was just fine - it was  
like every other TCK license we received.  THe only thing it was  
missing was the "list price" for the JCK in the event that the ASF  
converted to a for-profit entity. :/

At the time, I suggested that they put any number they wanted (I  
suggested $1B) given the likelihood of the ASF being a for-profit.   
But someone wanted to be a sticker for process, and my assessment is  
that once the sales people caught wind of this, that's when this  
problem started.

> 95% complete is too late in the game to find out the spec cannot be
> implemented in open source.  AIUI the EC has to be notified of
> all the business terms of a spec prior to ratification.  Was this
> a simple oversight?

I don't think so.  I believe that there is no requirement for full  
TCK terms at ratification, and the spec lead can change them at  
will.  That's one of the things we've changed in our voting - we will  
vote no on any spec that doesn't give TCK terms to us for final review.

Remember, a FOU *isn't allowed*.  If we had to worry about every  
term, there would be a laundry list of things we'd have to ask for  
assurance won't be done.  The JSPA establishes a framework in which  
we work.  Either the "rule of law" stands, or we're in some kind of  
Mad Max standards body.

For me, the core problem is that Sun is violating the terms of the  
JSPA.  It's my belief that we need to treat Sun with that in mind  
going forward, as we would treat any participant in the JCP that is  
in violation of the rules.  True, the structure of the JCP is that in  
which Sun is is the common countersigner to the JSPA, but we  
shouldn't "beatify" their position in the ecosystem.  Sure, they  
invented Java, and all things considered, have done a decent job of  
stewardship.  However, the fundamental premise behind the JCP is that  
it's a community process, and I think we should seriously test this  
assertion and decide what to do once we know.

>
> I've also reviewed the resources for spec leads available at
>
> http://jcp.org/en/resources/guide
>
> and the template licenses are chock-full of Field-of-Use provisions.
> How does one know which JSR's can be safely implemented in open
> source?

Our position is that *every* JSR can be safely implemented in open  
source.  That's based on the work we did 5-ish years ago.

The problem isn't that the JCP is fundamentally flawed - sure, it's  
not perfect, but it's been perfectly fine for us until now.  This  
incident is - IMO - that of a community member attempting to game the  
system in a way incompatible with the letter and spirit of "the  
law".  I believe this is the position we should take, and see if the  
JCP is capable of self-governance.

geir


Re: Any news on the TCK for Harmony?

Posted by Joe Schaefer <jo...@sunstarsys.com>.
"Geir Magnusson Jr." <ge...@pobox.com> writes:

[...]

> Realistically, I'm not too surprised given that it was in their best interest
> to not throw gasoline on this fire before or during their  biggest conference,
> JavaOne.  Sure, I would have preferred the  courtesy of a reply, but
> considering the source, I'm not surprised.   Maybe we'll get one this week
> (probably not - Sun recovers from it's  J1 hangover the week after the
> conference), or maybe not.   In some  ways, it doesn't matter.  We understand
> the whole equation (including  Sun's motivations behind their breach of
> contract) and we believe  that our position is the correct one, both in the
> letter and the  spirit of the law.  To that,  I'll note that Sun has yet to
> actually  dispute this.

What I don't quite yet understand is why the terms of the TCK were not
disclosed when we first announced our intentions to implement JSR-176.
95% complete is too late in the game to find out the spec cannot be 
implemented in open source.  AIUI the EC has to be notified of
all the business terms of a spec prior to ratification.  Was this
a simple oversight?

I've also reviewed the resources for spec leads available at

http://jcp.org/en/resources/guide

and the template licenses are chock-full of Field-of-Use provisions.
How does one know which JSR's can be safely implemented in open
source?

-- 
Joe Schaefer

Re: Any news on the TCK for Harmony?

Posted by "Geir Magnusson Jr." <ge...@pobox.com>.
On May 13, 2007, at 4:21 PM, Joe Schaefer wrote:

>>>
>>> Yes, but we're still waiting for our VP of the JCP to sort out his
>>> dissonance and provide a summary report.
>>
>> What dissonance?
>
> You mentioned privately that you didn't want to "push things off a
> cliff".  I assume by that you meant opening this discussion here on
> the issues surrounding Harmony and the TCK.
>


So while I'm not thrilled about snippets of private conversation put  
on an open list, I'll chalk it up to whatever fury is driving your  
engagement in this...

Ok, I looked back at the mail, and I was referring what I think is  
the "nuclear option" - withdrawing from the JCP and pushing any  
implementation of a JSR out of the Foundation (which I hope that no  
one is seriously advocating).

So we didn't get a response.  <shrug>

Realistically, I'm not too surprised given that it was in their best  
interest to not throw gasoline on this fire before or during their  
biggest conference, JavaOne.  Sure, I would have preferred the  
courtesy of a reply, but considering the source, I'm not surprised.   
Maybe we'll get one this week (probably not - Sun recovers from it's  
J1 hangover the week after the conference), or maybe not.   In some  
ways, it doesn't matter.  We understand the whole equation (including  
Sun's motivations behind their breach of contract) and we believe  
that our position is the correct one, both in the letter and the  
spirit of the law.  To that,  I'll note that Sun has yet to actually  
dispute this.

The core question is if the JCP is something the foundation wishes to  
support or not, and when that is answered, the next question is "to  
what degree?".  I still am a believer that we can continue our  
historically successful efforts to fix the JCP when we are  
participating in it.  That said, the Sun dispute calls into question  
some of my basic beliefs in this area.  So....

I believe that only the JCP itself can tell us the answer to the  
first question.  I don't think of "Sun" as the JCP - the JCP, in my  
opinion, is the sum of the constituent members.  We must take the  
position that the community matters, rather than construct some kind  
of Sun-as-all-powerful strawman.  When we do that, we give the  
boogeyman it's energy.  When we believe in our own worldview - that  
community matters - the balance of power shifts.    Sun has some  
unique advantages because they hold a veto on changes to ME, SE and  
EE (the platform JSRs) and they run the PMO, but these are in  
practice somewhat minor, and as they are historical (like the current  
IP flow rules), they can be modernized (like the current IP flow  
rules), and the JCP membership and EC do have considerable power.

So my goal is to answer the question of if we want to continue  
supporting the JCP when we can determine if Sun's current misbehavior  
is tolerated by the membership of the JCP.  We've notified the EC of  
our situation and had a very vigorous and, IMO, constructive debate/ 
discussion in Febrary.   My next step is to ask the EC for action.  :)

geir


Re: Any news on the TCK for Harmony?

Posted by Joe Schaefer <jo...@sunstarsys.com>.
"Geir Magnusson Jr." <ge...@pobox.com> writes:

> On May 13, 2007, at 3:33 PM, Joe Schaefer wrote:
>
>> "Davanum Srinivas" <da...@gmail.com> writes:
>>
>>> Folks,
>>>
>>> Have we heard from Sun officially on our Open Letter for access to the
>>> TCK for Harmony?
>>
>> AIUI our self-imposed deadline has passed, and negotiations to
>> this point have failed.  It's too bad that there's absolutely
>> no public record of those negotiations here or anywhere else,
>> so we'll have to start the discussion from scratch.
>
> Not really.

Ah good then- here's some from the meeting minutes:

  http://www.apache.org/foundation/records/minutes/2006/board_minutes_2006_10_25.txt
  http://www.apache.org/foundation/records/minutes/2006/board_minutes_2006_12_20.txt
  http://www.apache.org/foundation/records/minutes/2007/board_minutes_2007_01_17.txt

>>
>>> Is it time to figure out the next steps on how to deal with Sun's
>>> reluctance to keep it's agreements?
>>
>> Yes, but we're still waiting for our VP of the JCP to sort out his
>> dissonance and provide a summary report.
>
> What dissonance?

You mentioned privately that you didn't want to "push things off a
cliff".  I assume by that you meant opening this discussion here on
the issues surrounding Harmony and the TCK.

-- 
Joe Schaefer

Re: Any news on the TCK for Harmony?

Posted by "Geir Magnusson Jr." <ge...@pobox.com>.
On May 13, 2007, at 3:33 PM, Joe Schaefer wrote:

> "Davanum Srinivas" <da...@gmail.com> writes:
>
>> Folks,
>>
>> Have we heard from Sun officially on our Open Letter for access to  
>> the
>> TCK for Harmony?
>
> AIUI our self-imposed deadline has passed, and negotiations to
> this point have failed.  It's too bad that there's absolutely
> no public record of those negotiations here or anywhere else,
> so we'll have to start the discussion from scratch.

Not really.

>
>> Is it time to figure out the next steps on how to deal with Sun's
>> reluctance to keep it's agreements?
>
> Yes, but we're still waiting for our VP of the JCP to sort out his
> dissonance and provide a summary report.

What dissonance?

geir

>
> -- 
> Joe Schaefer


Re: Any news on the TCK for Harmony?

Posted by Joe Schaefer <jo...@sunstarsys.com>.
"Davanum Srinivas" <da...@gmail.com> writes:

> Folks,
>
> Have we heard from Sun officially on our Open Letter for access to the
> TCK for Harmony? 

AIUI our self-imposed deadline has passed, and negotiations to 
this point have failed.  It's too bad that there's absolutely
no public record of those negotiations here or anywhere else,
so we'll have to start the discussion from scratch.

> Is it time to figure out the next steps on how to deal with Sun's
> reluctance to keep it's agreements?

Yes, but we're still waiting for our VP of the JCP to sort out his
dissonance and provide a summary report.

-- 
Joe Schaefer