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Directamente extraido de la web de la fundación Apache, otro ejemplo de las obsesiones de las multinacionales por no liberar el conocimiento…

Si la tecnología Java sigue existiendo es gracias a la comunidad del software libre que lo ha apadrinado… Hay veces que Sun y Microsoft se parecen demasiado.

On April 10, 2007, the Apache Software Foundation sent the following letter to Sun Microsystems regarding our inability to acquire an acceptable license for the Java SE 5 technology compatibility kit, a test kit needed by the Apache Harmony project to demonstrate compatibility with the Java SE 5 specification, as required by the Sun specification license for Java SE 5.

We have created a FAQ to provide background information on this issue.

    Dear Jonathan,

    My name is Geir Magnusson Jr, and I'm the officer of the Apache
    Software Foundation (ASF), a 501(c)3 public charity, charged with
    matters relating to our participation in the Java Community
    Process (JCP).  I am also the VP of the Apache Harmony project.
    In this matter I represent the ASF.

    Since August 2006, the ASF has been attempting to secure an
    acceptable license from Sun for the test kit for Java SE.  This
    test kit, called the "Java Compatibility Kit" or "JCK", is needed
    by the Apache Harmony project to demonstrate its compatibility
    with the Java SE specification, as required by Sun's specification
    license.  The JCK license Sun is offering imposes IP rights
    restrictions through limits on the "field of use" available to
    users of our software.

    These restrictions are totally unacceptable to us.  As I explain
    below, these restrictions are contrary to the terms of the Java
    Specification Participation Agreement (JSPA) - the governing rules
    of the JCP - to which Sun is contractually bound to comply as a
    signatory.  The ASF has a proud history of support for open
    software ecosystems in which commercial software can flourish.
    However, Sun's JCK license protects portions of Sun's commercial
    Java business at the expense of ASF's open software.  It prevents
    our users from using Apache software in certain fields of use.
    Such implicit or explicit threats of IP-based aggression give one
    actor overwhelming commercial advantages over the other
    participants in the ecosystem.  In an open ecosystem, it must be
    the case that the necessary IP to implement a specification can be
    secured independently from the specific commercial interests of
    any one actor in the ecosystem, which is the basis of our
    objection to your offered terms.

    Your restrictions violate the basic protections of the JCP, which
    ensure both that a) specification leads and expert groups produce
    open specifications, and b) anyone can implement and distribute
    compatible implementations of those specifications without fear of
    obligation to the specification lead or members of the expert
    group for any "necessary IP" needed to implement that
    specification.  Specifically, the JSPA requires that

      1) a specification lead cannot "impose any contractual condition
         or covenant that would limit or restrict the right of any
         licensee to create or distribute such Independent
         Implementations" (section 5.C.III)

      2) a specification lead must license all necessary IP
         royalty-free to any compatible implementation of a
         specification (section 5.B)

    Your terms are attempting to circumvent both of these

    Besides holding back the Harmony project - a community-led open
    source project of the ASF since May of 2005 - this failure to
    comply with your contractual obligations poses serious risk to the
    credibility of the JCP as an open standards organization, and the
    reputation of Java itself as an open technology.  We believe that
    this also threatens the general cooperative nature of the
    commercial Java ecosystem, puts at risk the long-standing positive
    relationship between Sun and the ASF, and probably between Sun and
    the broader open source community - all of which is key to the
    continued growth of Java.

    Beyond the obligations of the JSPA, these limitations are also
    contrary to Sun's public promise that any Sun-led specification
    would be fully implementable and distributable as open source/free
    software.  It shouldn't have to be mentioned that "fully
    implementable" includes passing the JCK, as required by the
    specification license.  To this end, limitations on field of use
    for our users is contrary to the basic principles of open source
    licensing, and therefore these limitations would prevent
    distribution under any open source license, including our own.

    Our objections to the offered license are clear and valid.  The
    situation we are facing is grossly in conflict with the basic IP
    philosophy of the JCP, the concept of Java as an open
    standards-based ecosystem, Sun's public promises to the free and
    open source communities, and Sun's contractual obligations as a
    specification lead under the JSPA.  The JCP was clearly designed
    to prevent any single actor from being able to exhibit this sort
    of market control.  Additionally, it is contrary to both the
    spirit and letter of open source, the respect of which is a key
    element in Sun's stated business strategy.

    Through Apache Harmony, the ASF is implementing Java SE in good
    faith, with the understanding that Sun as the specification lead
    will reciprocate.  Our intention has always been to produce a
    certified compatible implementation of Java SE distributed under
    the Apache License.  To do so, we need the JCK.

    We expect you to offer an acceptable, JSPA-compliant license to us
    within 30 days, or provide a public explanation of why you cannot
    do so.

    We look forward to your response.

    Geir Magnusson Jr.
    VP, Java Community Process
    Apache Software Foundation
    geirm at apache dot org

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