jsr348
  1. jsr348
  2. JSR348-5

Clean up wording on changes to licensing terms

    Details

    • Type: Improvement Improvement
    • Status: Closed
    • Priority: Major Major
    • Resolution: Fixed
    • Component/s: None
    • Labels:
      None

      Description

      We've agreed to the following requirements:

      • Previously-offered licenses cannot be withdrawn (though new terms may also be offered.)
        • Implementors required to adopt a new version of the TCK must be offered the old terms if they wish.

      It would be unreasonable to require, in the case of a platform or other technology that evolves over many years through multiple JSRs, that the terms originally offered should continue to be offered "forever." (If so, Oracle would be obliged to honor the terms under which Sun had originally licensed the very first version of Java SE.)

      The language should therefore be clarified to say something like "for the life of the JSR."

      More seriously, the "forever" requirement had somehow been lost (or maybe it was never there.) So - this will need cleaning up.

        Activity

        Hide
        pcurran added a comment -

        Please replace the existing section 0.0.4 with this text:

        0.0.4 Changes to Licensing Terms

        As described in Section 1.1.1 below, the proposed licensing terms must be disclosed during JSR submission. The Specification License must not be modified after initial submission since to do so could invalidate IP grants. It may be necessary, however, to modify the proposed RI or TCK license. Any such changes must be disclosed when the Specification is next submitted to the PMO for public posting or review.

        During the lifetime of the JSR the Spec Lead must continue to offer the RI and TCK licenses that were published at the time of Final Release. At subsequent Maintenance Releases alternate RI or TCK licenses may also be offered so long as all changes are disclosed in the Change Log, but licensees must be free to choose the original terms if they wish. For example, existing licensees who not wish to accept a modified license when required to adopt a newer TCK will have the option to license the updated TCK under the previous terms.

        When a newer version of a technology is created through a follow-on JSR the original Specification, RI, and TCK license terms may be changed, but any such changes must be disclosed during JSR submission.

        Show
        pcurran added a comment - Please replace the existing section 0.0.4 with this text: 0.0.4 Changes to Licensing Terms As described in Section 1.1.1 below, the proposed licensing terms must be disclosed during JSR submission. The Specification License must not be modified after initial submission since to do so could invalidate IP grants. It may be necessary, however, to modify the proposed RI or TCK license. Any such changes must be disclosed when the Specification is next submitted to the PMO for public posting or review. During the lifetime of the JSR the Spec Lead must continue to offer the RI and TCK licenses that were published at the time of Final Release. At subsequent Maintenance Releases alternate RI or TCK licenses may also be offered so long as all changes are disclosed in the Change Log, but licensees must be free to choose the original terms if they wish. For example, existing licensees who not wish to accept a modified license when required to adopt a newer TCK will have the option to license the updated TCK under the previous terms. When a newer version of a technology is created through a follow-on JSR the original Specification, RI, and TCK license terms may be changed, but any such changes must be disclosed during JSR submission.
        Hide
        pcurran added a comment -

        Please implement the change suggested in my comment.

        Thanks...

        Show
        pcurran added a comment - Please implement the change suggested in my comment. Thanks...
        Hide
        lightguard added a comment -

        In light of a statement that was made in a previous issue about inactive specs being revived in a new JSR submission, what are the license requirements for the new spec? Will they be allowed to use different licensing or will they need to comply with licensing of the inactive license?

        This also brings up the idea of "forking" a spec because of license disagreements. This may never come up, but I imagine it would be handled by the EC by rejecting the "forked" spec. Not sure if it came up in discussions or not.

        Show
        lightguard added a comment - In light of a statement that was made in a previous issue about inactive specs being revived in a new JSR submission, what are the license requirements for the new spec? Will they be allowed to use different licensing or will they need to comply with licensing of the inactive license? This also brings up the idea of "forking" a spec because of license disagreements. This may never come up, but I imagine it would be handled by the EC by rejecting the "forked" spec. Not sure if it came up in discussions or not.
        Hide
        eduardo added a comment -

        I have implemented the changes suggested by pcurran, for review before closing.

        Show
        eduardo added a comment - I have implemented the changes suggested by pcurran, for review before closing.
        Hide
        starksm64 added a comment -

        The current draft reflects pcurran's comments. The new jsr can change the license, and previous licensees are free to use either the previous terms, or the new terms. Do you still have a concern about how a fork might occur?

        http://java.net/downloads/jsr348/Working%20documents/JCP%20NEXT%202.8-29JUL2011-Clean.pdf
        0.0.4 Changes to Licensing Terms

        If the licensing terms for a JSR change from one release to the next, the changes must be explicitly
        listed and explained. Changes to the licensing terms must be disclosed during JSR submission (in the
        case of a new JSR) or in the Change Log for Maintenance Releases. Subsequent changes to
        licensing terms during the life of the JSR must be disclosed when the Specification is next submitted
        to the PMO for public posting or review.

        Existing licensees who not wish to accept a modified license when required to adopt a newer TCK will
        have the option to accept the updated TCK under the previous licensing terms

        Show
        starksm64 added a comment - The current draft reflects pcurran's comments. The new jsr can change the license, and previous licensees are free to use either the previous terms, or the new terms. Do you still have a concern about how a fork might occur? http://java.net/downloads/jsr348/Working%20documents/JCP%20NEXT%202.8-29JUL2011-Clean.pdf 0.0.4 Changes to Licensing Terms If the licensing terms for a JSR change from one release to the next, the changes must be explicitly listed and explained. Changes to the licensing terms must be disclosed during JSR submission (in the case of a new JSR) or in the Change Log for Maintenance Releases. Subsequent changes to licensing terms during the life of the JSR must be disclosed when the Specification is next submitted to the PMO for public posting or review. Existing licensees who not wish to accept a modified license when required to adopt a newer TCK will have the option to accept the updated TCK under the previous licensing terms
        Hide
        lightguard added a comment -

        I'm content with this. Just bringing up something that may not have been thought of before.

        Show
        lightguard added a comment - I'm content with this. Just bringing up something that may not have been thought of before.
        Hide
        pcurran added a comment - - edited

        On lines 232-234 please change:

        "When a newer version of a technology is created through a follow-on JSR the original Specification, RI, and TCK license terms may be changed, but any such changes must be disclosed during JSR submission."

        to

        "When a newer version of a technology is created through a follow-on JSR the Specification, RI, and TCK license terms for the new JSR may differ from those offered for the previous JSR, but any such changes must be disclosed during JSR submission. The original terms for the previous JSR must be offered for the lifetime of that JSR."

        Show
        pcurran added a comment - - edited On lines 232-234 please change: "When a newer version of a technology is created through a follow-on JSR the original Specification, RI, and TCK license terms may be changed, but any such changes must be disclosed during JSR submission." to "When a newer version of a technology is created through a follow-on JSR the Specification, RI, and TCK license terms for the new JSR may differ from those offered for the previous JSR, but any such changes must be disclosed during JSR submission. The original terms for the previous JSR must be offered for the lifetime of that JSR."
        Hide
        eduardo added a comment -

        Done

        Show
        eduardo added a comment - Done

          People

          • Assignee:
            eduardo
            Reporter:
            pcurran
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            Dates

            • Created:
              Updated:
              Resolved: