On 08.01.2011, at 18:15, Tom Boutell wrote:

> I am reading about the Symfony 2 validation component, which describes
> itself as being based on the JSR 303 specification for validation in
> Java.
> 
> I am concerned about the license terms for the JSR 303 specification,
> which can be found here:


Short version:
You can run, but if you live in a country that allows software patents, you 
cannot hide.

Long version:
We had this discussion on the cmf list because the same issue applies there, 
though for JCR there is some indication that the spec is also licensed under 
the Apache license.

Of course there are two aspects to not having a license:
1) copyright
2) patent

1) Copyright is basically literally copying the code. Assume that since we are 
implementing this in a totally different language that we are fairly safe from 
this. Though IANAL I expect that even if a few method names match, there is 
nothing to worry about here.

2) I do not know of JSR 303 is patent encumbered or not. I did not see anything 
from a quick search.

Now in the world of software patents there is nothing that would make us safe 
really beyond having a patent pool to be able to counter sue. There would also 
be the option of using a CLA so that patents claims could always be "deflected" 
to the poor soul who contributed the code, while we rewrite the code to no 
longer violate the patent.

Aside from this all the code we write each day could violate some patent, since 
I assume none of us spend all day checking patents. So following a spec doesn't 
necessarily make us much more likely to violate a patent. Though of course 
acknowledging that we were implementing the given spec might make us easier to 
find and it would become easier to proof how "evil" we are.

Now the the main point of this "draconian" license from my understanding is to 
prevent that implementations of the spec claim that they are compliant when in 
reality they are not. It isnt necessarily meant to prevent implementations in 
other languages.

At any rate I send off an email to the spec lead, just like I am in contact 
with the JCR spec lead.

regards,
Lukas Kahwe Smith
[email protected]



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