On Thu, 14 Mar 2002, Peter Donald wrote:

> > They still include the jaxp source code, in xml-commons.
> > But it's a clean-room implementation, made directly from the spec.
> 
> The "directly from the spec" is where the problem lies. It uses suns IP and 
> thus must the TCK. We don't and thus we are in violation of the license and 
> thus Apache and every user is open to being sued if sun chooses to do so.

This is getting intersting...

To be honest, I allways believed that Jaxp, and all are 'open standards'.
( i.e. they allow clean room implementation )

Again, we need a lawyer here - but if this is the case I think we 
should do something. There are plenty of open standards ( too many even 
:-), and if a spec is not open, it shouldn't be used - 
but an alternative (  or a new open standard ).

I hear many java APIs are cloned to .net, and that a lot of .net is
'open standard' - I'm pretty sure it has a lot of APIs that could do
the same thing as the non-open ones, and we can clone them in java. An 
open API/standard should be used whenever possible.

> nope - if you use the IP then it needs to pass TCK - to do otherwise is not 
> legal. Unless we have another license agreement concerning jaxp with Sun that 
> is unpublished (as alluded to before) then we are not legal. It may be thrown 
> out in court but it is still expensive to fight it.

That's why we need the list of software/licenses that we can use and 
redistribute, and what's not on the list shouldn't be used.
Especially software that implements non-open standards. 

> > We also use a clean room implementation of JMX in tomcat, same thing
> > probably applies there.
> 
> JMX has always been under a different license and I didn't think you had a 
> clean room impl you just had some MBeans.

We use openjmx ( now called mx4j ), that's a clean-room impl of the spec
( AFAIK )


> > AFAIK ( and again don't take my word for it, call your lawyer :-), clean
> > room implementations based on a published spec are perfectly
> > legal. Probably the name/logo is protected, but saying that your
> > code implements/is based on jaxp/jmx/etc ( but is not 'certified' or
> > 'compatible' ) should be ok.
> 
> Wrong - at least as I understand the licensing issue. To implement the 
> spec(s) in many cases you must pass the TCK. It can cost a fair chunk of $ to 
> run against the TCK which pretty much excludes all opensource projects from 
> ever legally implementing different specs (ie the XML ones we do at apache).

Ok, I didn't know that - and I bet many other people are in the same 
situation. 

If anyone can confirm this with a professional, then I think it should
be displayed pretty clearly on a visible page, and we should find 
alternative open standards to use. 

Costin




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