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Key: JSR358-44
Type: Bug Bug
Status: Open Open
Priority: Major Major
Assignee: Unassigned
Reporter: pcurran
Votes: 0
Watchers: 0

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Ensure that implementers are granted the right to incorporate IP into future as well as current implementations of a JSR

Created: 07/Dec/12 10:45 PM   Updated: 07/Dec/12 10:46 PM
Component/s: Intellectual Property
Affects Version/s: None
Fix Version/s: None

Time Tracking:
Not Specified

Participants: pcurran

 Description  « Hide

We need to ensure that rights granted for version 1 of a technology (defined in the JSR x) will also permit the Spec Lead to incorporate the IP into version 2 of the technology (defined in JSR y.)

Section 4.A.I.a of the JSPA states that copyrights and trade secrets are granted for inclusion "into current and future versions of the Output," which seems to take care of this issue. However, there is no equivalent language in section 4.A.II which covers patent grants. Here, rights are only granted for the Output (the artifacts generated by the current JSR and for compatible implementations of the Spec. By definition, implementations of a later Spec (generated by a different JSR that builds on the current JSR) are not compatible, since they subset the current JSR.

So - this appears to be broken now. Whether or not it is, we must make sure that it is not broken in the new version of the JSPA.