Matt Welsh wrote:
>
> JDK 1.2 is out, and the license (http://java.sun.com/products/jdk/1.2/LICENSE)
> contains the following language:
>
> > You may not publish or provide the results of any benchmark or comparison
> > tests run on Software to any third party without the prior written consent
> > of Sun.
>
> This is clearly a problem, and I'm wondering if we should speak to someone
> at Sun about it.
>
> My guess is that this clause isn't even enforceable by law, since publication
> of benchmark results doesn't appear to infringe on Sun's intellectual
> property rights in the Java software. Does anyone know of a case where a
> license restricting benchmark-results publication was successfully enforced
> in court? Or shot down in court?
>
> Matt Welsh
That kind of clause is quite standard in pre-release hardware/software
where it is distributed to a limited audience before being released. The
reason being that because it is "not done yet" any benchmarks would not
necessarily reflect the finished product.
1.2 has been released, though, so... I'm not sure. Maybe they forgot to
take it out.
--
Joel Shellman
knOcean Interactive
http://corp.knOcean.com/
