[JSR358-21] Clarify whether Field of Use restrictions are permissible Created: 06/Jul/12  Updated: 06/Jul/12

Status: Open
Project: jsr358
Component/s: Independent Implementations
Affects Version/s: None
Fix Version/s: None

Type: Bug Priority: Major
Reporter: pcurran Assignee: Unassigned
Resolution: Unresolved Votes: 0
Labels: None
Remaining Estimate: Not Specified
Time Spent: Not Specified
Original Estimate: Not Specified


 Description   

The JSPA explicitly grants the right to create Independent Implementations (not derived from the RI.)

Many believe that the Field Of Use language in the SE7 TCK license restricted this right by preventing Apache from releasing their implementation of Java SE.

The JSPA should be modified to clarify whether Field of Use restrictions are permitted.

If FOU restrictions are not prohibited they should be permitted to all.






[JSR358-42] Language in the JSR 336 TCK license appears to prohibit implementations of the Spec Created: 13/Oct/12  Updated: 12/Feb/13

Status: Open
Project: jsr358
Component/s: Independent Implementations
Affects Version/s: None
Fix Version/s: None

Type: Bug Priority: Major
Reporter: pcurran Assignee: Unassigned
Resolution: Unresolved Votes: 0
Labels: None
Remaining Estimate: Not Specified
Time Spent: Not Specified
Original Estimate: Not Specified


 Description   

The TCK license for JSR 336 contains the following language in the definition of Product:

"In addition, to be a Product, a Licensee product that implements a Java Environment Specification must: (a) have a principal purpose which is substantially different from a stand-alone implementation of that specification, while the value-added portion of the product operates in conjunction with the portion that implements the Java Environment Specification; (b) represent a significant functional and value enhancement over any stand-alone implementation of that specification; and (c) not be marketed as a technology which replaces or substitutes for a stand-alone implementation of that specification."

This appears to prohibit any implementation of the spec!

[Later: insert pointer to Gil Tene's presentation given at the Prague f2f meeting.]



 Comments   
Comment by ebresie [ 12/Dec/12 ]

Is this the presentation in question?

http://jcp.org/aboutJava/communityprocess/ec-public/materials/2012-09-1112/JCP_Sep2012_IndependentImplementation.pdf

Comment by gtene [ 12/Feb/13 ]

This "newer" language appears as part of the stated TCK license terms of Platform JSRs filed after Dec. 2010:

  • SE 7 under JSR 336
  • SE 8 under JSR 337
  • EE 7 under JSR 342

It should be noted that these newer TCK license terms stand in strong contrast to the license terms communicated for previous versions of the same platforms. They expand restrictions far beyond the field-of-use and commercial terms license issues of previous platform versions. At face value, the new terms basically prevent the creation and testing of a compatible implementation of the platform specifications without securing a separately negotiated license from the spec lead with terms that are unkown-at-time-of-JSR-approval.

See previous license language in older platform versions:

  • SE 6 under JSR 270
  • EE 6 under JSR 313




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