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On 8/14/10 11:16 , Kevin Wright wrote:
> This *could* all go really well
>
> IANAL, but this scenario seems to be cropping up in a few forums.
>
> Sun were contractually obliged to provide Apache a TCK licence
> under terms that are "non-discriminatory, fair and reasonable"
> (http://www.jroller.com/scolebourne/entry/a_question_of_ip) Had
> Apache been licensed for the TCK, then Harmony could pass it and so
> be considered a licensed implementation, with all applicable IP
> rights Android, by using harmony, would then be using a "licensed"
> implementation, and the foundation would crumble from beneath
> Oracle's lawsuit.
>
>
> Apache are not-for-profit, and as such didn't have the financial
> or legal clout to press the issue of the JCK.  Instead, they were
> limited to voting NO to all of Sun's JCP proposals by way of
> defiance. It's now becoming much clearer why they were making it
> into such a contentious issue...
>
> So could Google pull a flanking manoeuvre, and bankroll a lawsuit
> on behalf of Apache/Harmony? I certainly do hope so... It would be
> an elegant solution to the "problem", and would have knock-on
> benefits for us all. Opening the doors to alternate, compliant,
> implementations could breathe more vitality into the platform than
> anything Oracle is able to achieve alone.

But as far as I understand reading here and there, I'm not sure that
if Apache had access to the TCK it would be fine for Google. I don't
think so, indeed. The problem are still the patents. In fact:

1. If you fork the OpenJDK, you are protected by patents as it's one
of the features of the GPL. But Harmony didn't fork the OpenJDK.
2. If you pass the TCK, I think you get the standard implementation
license. It guarantees protection by patents as far as you don't
remove or add anything to the java namespace. Unfortunately for
Google, they dropped a lot of stuff from it. That is, the point is
twofold: Harmony has got problems on its own because they weren't
given the TCK, but Android adds to this the fact that it's a subset of
Harmony. In other words, Android cannot pass the TCK, technically.
Frankly speaking, subsetting the runtime was a deliberate decision by
Google and they're paying for it.

- -- 
Fabrizio Giudici - Java Architect, Project Manager
Tidalwave s.a.s. - "We make Java work. Everywhere."
java.net/blog/fabriziogiudici - www.tidalwave.it/people
fabrizio.giud...@tidalwave.it
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