Re: SUN PROPRIETARY/CONFIDENTIAL code in myfaces

2007-08-05 Thread Sam Ruby
On 8/4/07, David Jencks [EMAIL PROTECTED] wrote:

 BTW, the theory under which we (geronimo) has been operating is that
 the sun copyright and legal statements apply to the text
 documentation in the schemas and that once that is removed the rest
 forms a part of the javaee specifications that we have a license to
 implement, so we can translate it by any means we want (such as
 xmlbeans, jaxb, castor, etc etc) to produce source code or class
 files or pretty much anything else.  I don't see how it's possible to
 implement the specification without this: IMO without this
 interpretation any javaee product must be cddl.

I acknowledge that there was a time critical question in the portions
that I snipped, but first I think that it is important that we come to
a common understanding of what the problem is.  Given that there are
lawyers on this list, I'm sure that somebody will point out the
thousands of tiny mistakes that I'm about to make, but I'm confident
that I have the broad brush strokes right, so here goes...

In order for us to legally distribute some Work, we must comply with
all the terms and conditions in the licenses that contribute to that
work.  That's it.  End of sentence.

Presuming that we do that, do we have the right to distribute code
under the CDDL?  Yes, absolutely.  Are there any terms or conditions
in CDDL that we would find overly burdensome to *us* (the ones
releasing the software)?  Absolutely not.

Furthermore, we even have the rights to distribute the version of XSDs
that SUN PROPRIETARY/CONFIDENTIAL, even though Sun labeling it so
brings into doubt what their true intentions were in licensing this
materials, which makes our ability to demonstrate that we have
complied with their intentions harder.  Note that I said harder, I
didn't say impossible.  We have ample documentation to demonstrate
that the ASF has the right to ship these XSDs, but who wants to have
to go and explain all this time and time again, potentially to each
and every new user of Geronimo?

Back to CDDL.  I have no personal knowledge as to why Sun picked this
particular license, but let's look at it in context.  Each of the XSDs
in question represents a machine readable codification of a portion of
a standard.  As a standard means that you and I do something the same
way, any modification means that you and I are doing something
different, so it isn't a standard.  So, effectively, we are taking
these sources in and agreeing not to modify them, which makes them not
open source.  If you think we have heartburn on CDDL, think about the
idea of the ASF shipping code that contains portions that are not open
source.

But, we are not about to say that standards are not a good thing.  To
the contrary.

This is all absurd.  You can see the source.  You can change it, as
long as you don't claim compatibility.  Now, with CDDL, that is
explicit.  Yea!

So, what's the problem here?

The problem isn't with Sun.  The problem is with the ASF.  The ASF is
about community (how we develop software) and license (what we permit
users of our code to do).

Our license is part of who we are.  Others may distribute things under
different licenses, and that, in part, defines who they are.

Our license intentionally allows users to modify, sublicense, and
distribute our code.  All of it.  If people want to contribute back
their changes to us, they can join our communities.  If people want to
release their changes under their own license, they can do that too.
If people want to retain their changes and only distribute binaries,
that's OK too.

Most of our code bases make it easy for our users.  Everything comes
under one license.  A license that it relatively short, and well
understood.

Geronimo isn't one of those code bases.  It contains many parts from
many sources.  In releasing Geronimo, we need to make sure that all of
this is crystal clear.  The bulk is under the ASF license, and people
are free to modify that bulk as they see fit.  Some portions are
packaged with the distribution as a convenience (or in the case of
these XSDs, as a necessity), but none of these subcomponents impose
any additional restrictions on what you can do with the code that we
produce, and all of it is clearly labeled.

In particular, (and I may just be misreading your statement), it is
NOT the case that any javaee product must BE cddl, but rather any
javaee product must CONTAIN cddl (actually, those files can be
licensed under other licenses, but lets not digress).

So... what is the ASF legal committee and the Geronimo PMC to do?
Well, again, legally, Geronomo has the right to make releases as long
as those releases comply with the appropriate licenses, so one could
make the case that everything from that point on is up to the Geronimo
PMC.  And, in fact, this stuff is complicated enough that how you make
the determination as to what makes sense in any particular situation
depends very much on the situation, so again, it is Geronimo's
problem.

On the 

Re: SUN PROPRIETARY/CONFIDENTIAL code in myfaces

2007-08-05 Thread Sam Ruby
On 8/4/07, David Jencks [EMAIL PROTECTED] wrote:

 As I see it there are two kinds of questions I'm asking:

 1. Are the 6 questionable jars (4 I already mentioned plus a servlet
 spec jar with some retyped sun xsds and dtds) OK to release?
 Obviously the geronimo PMC thought so but this conversation has
 thrown that into doubt as far as I am concerned.  Is there some
 information you (or anyone else) would like in order to give an
 opinion?  I tried to explain the process used to generate these jars
 and the thinking behind the process already.  Note that none of these
 jars start from the cddl licensed sun schemas, they all start from or
 relate to the pre-cddl schemas.  I don't see these questions as being
 hypothetical, and I hope 6 jars isn't a dump truck.  The servlet spec
 jar under vote is at http://people.apache.org/~mcconne/geronimo-
 servlet_2.5_spec-1.1.tar.gz.  The vote passed but AFAICT it has not
 yet been called or the artifact actually released.

Legally, yes.

Now onto the next question.  Have you documented this in a way that
users of Geronimo codebase are aware of the composition of the
package?  Given the answer below, I'll presume no; so let's move onto
the next problem.  After we are done we can come back to this one.

 2. Hypothetically, starting from the cddl licensed schemas, what can
 we generate from them, what can we include in apache svn and
 releases, and what license is any of this under?  The geronimo pmc
 has previously thought that generated source was under asl.  Craig is
 claiming that generated source is cddl, however as I tried to explain
 this point of view seems to me to lead to the entire server being
 required to be cddl.  In other words I think either Craig is wrong or
 apache can't develop any javaee products.  In addition I think
 Craig's argument applied to the pre-cddl xsds would entirely prevent
 apache releasing any j2ee or javaee products whatsoever.

So, the entire server is generated from these XSDs?  Sweet!  Must be
one kick ass generator.  :-)

Let's assume for the moment that Craig is correct (I believe that
section 3.5(*) of the license contradicts this interpretation).  Even
assuming that, how do you the leap from generated artifacts being CDDL
to entire server?

 Following onto 2, sometimes there are mistakes in the sun schemas
 that, well, prevent using them directly in completely compliant
 implementations.  For instance the web-app-2.5.xsd had a incorrect
 regular expression for http-method.  Assuming we eventually do use
 the cddl licensed schemas, and these are in publicly accessible
 apache svn, can we fix these errors?

Legally, as long as you comply with the CDDL license (in particular,
note sections 3.1 and 3.3(*)), yes.

Now as to ASF policy; in general ASF SVN repositories are for the
development of code under the Apache License.  I don't believe a few
files that are clearly marked would substantially change the fact that
the Geronimo SVN meets that criteria.  If you do proceed to do this,
mention it in the next regularly scheduled board report and move on.

- Sam Ruby

(*) http://www.sun.com/cddl/cddl.html


Re: ActiveMQ Graduation From Incubator

2006-03-14 Thread Sam Ruby
Dain Sundstrom wrote:
 On Mar 13, 2006, at 5:05 PM, Rodent of Unusual Size wrote:
 
 Dain Sundstrom wrote:


 I understand this concern and agree with the solution, but we should
 remember that AMQ entered the incubator before this was a rule, so I
 for one didn't think it appled to them, since they are so close to
 graduation.


 'So close to graduation'?  Whence comes that?  I think that
 proximity is still very much up in the air, particularly given
 Noel's opinion that
 
 
 If you read the email history, you will see that it was stated that  the
 new rules would only apply to projects close to gradation.  So  I hope
 you can see my point, regardless of if you agree with that point.
 
 .. and the ASF community building is only just getting started.  No
 PPMC, yet, for which we need more Mentors.


 These have nothing to do with when it entered incubation; the
 need for a PPMC has been there right along, and the 'ASF
 community building' is a sine qua non.  (I have no opinion,
 myself, about the degree of 'ASF community building' that
 has occurred in ActiveMQ.)
 
 
 When AMQ entered the incubator as a sponsored project from Geronimo, 
 the current understanding of incubator rules was that AMQ would  simply
 use the Geronimo pmc since the Geronimo pmc is expected to be  the home
 for the project.  Since then the incubator rules have been  rewritten
 several time and based on the emails I saw today, the  current rules
 that Noel is promoting (3+ mentors) hasn't even be  approved by the
 incubator.  I personally find this incredibly  frustrating, so please
 take my comments with a grain of salt.
 
 If you ask me setting up a separate pmc for these projects is an 
 incrediably bad idea.  Our objective is to create a single community 
 between Geronimo, ActiveMQ, OpenEJB, ServiceMix and WADI.  Putting 
 these projects into separate boxes makes this very difficult.
 
 I would like to know, why have the incubator rules changed to, in my 
 opinion, force all projects TLP?   Maybe the incubator is the wrong 
 place to bring these types projects.  Is there another process to  bring
 in a project we plan on integrating?  If not, maybe the board  should
 consider setting something else up.

If you love someone, set them free. If they come back they're yours; if
they don't they never were

I firmly believe that the destination for a code base should be
determined at the EXIT of incubation.  If each and every one of these
ultimately ends up at Geronimo by general consent of all the parties
involved, then (by definition) everybody is happy.

What I am unconfortable with is codebases being proposed with a
precondition being placed on where they land.

A sponsor is needed to inject a bit of accountability into the process,
and to reduce the tendency towards the ASF becoming a sourceforge with
lots of abandoned projects.  But that pretty much is the extent of
sponsorship.

Every code base should be looked at with the possibility of being a TLP.
 And with the possibility of being incorporated within an existing project.

Saying I want ActiveMQ at the ASF, and saying I think ActiveMQ would
make a fine addition to Geronimo are both reasonable things to say.
Saying I want ActiveMQ at the ASF, but only if it is destined to be a
part of Geronimo is not.

- Sam Ruby