Date: Thu, 6 Aug 1998 08:53:32 -0600 From: Nate Williams <nate@mt.sri.com> To: Patrick Gardella <patrick@cre8tivegroup.com> Cc: Nate Williams <nate@mt.sri.com>, java@FreeBSD.ORG Subject: Re: jdk1.1.6.V98-7-21.tar.gz Message-ID: <199808061453.IAA12276@mt.sri.com> In-Reply-To: <XFMail.980806104145.patrick@cre8tivegroup.com> References: <199808061421.IAA12098@mt.sri.com> <XFMail.980806104145.patrick@cre8tivegroup.com>
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> >From the license I signed:
> Sun grants to Licensee the royalty-free right to distribute binary code
> developed and compiled from the Licensed Software in accordance with Subsection
> 1.1 above ("Derived Binaries"), provided that: (i) Derived Binaries are not
> integrated, bundled, combined or associated in any way with a product, (ii)
> there is no charge associated with such distribution, (iii) Derived Binaries are
> fully compatible with the then-current version of the publicly available test
> suite supplied by Sun which verifies Java compatibility ("JavaTest Suite")
> and must remain compatible with subsequent versions of the JavaTest Suites and
> upgraded Licensed Software, and (iv) Derived Binaries are distributed subject to
> a license agreement containing terms and conditions at least as protective of
> Sun as those included in the binary code license used by Sun for internet
> distribution of the Java binaries. In the event that Licensee desires that such
> distribution be fee-based, or be associated with a product, Licensee must
> execute a commercial license agreement with Sun.
So far so good. Note the 'for internet distribution'.
> Are we considering the CD either (a) a product or (b) charging for it?
It's a product for Walnut Creek. Matter of fact, the CD *is* the only
product from WC.
> I don't consider that we are doing either. If JDK can be place in a
> book, and the book can be charged for, why can't we distribute them?
As a matter of fact, you can't in fact put the JDK on a CD and
distribute it with a book.
> And we've been distributing jdk102 on CD's for a while. I checked my
> 2.2.5-RELEASE CD's.
Look again. The only thing in the package is the class files. The
actual JDK distribution isn't in there.
> On another matter. Since I was reading the source license, what about this
> clause:
>
> "Licensee shall not export, re-export or transfer, whether directly or
> indirectly, Licensed Software or Derived Binaries or direct products thereof, to
> any person or company who is a legal resident or is controlled by a
> legal resident of any proscribed country listed in the U.S. Export
> Administration Regulations (or any equivalent thereof) unless properly
> authorized by the U.S. Government."
>
> Are we "exporting" in a legal sense?
That's a sticky matter best left up to lawyers. Due to a legal
precedence set by a lawyer in S.F., Walnut Creek's lawyers have deemed
it 'OK' to distribute some of the products deemed illegal by the export
laws, and to be honest I haven't cared much about it.
Maybe I should????
Nate
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