Date: Thu, 06 Aug 1998 11:03:14 -0400 (EDT) From: Patrick Gardella <patrick@cre8tivegroup.com> To: Nate Williams <nate@mt.sri.com> Cc: java@FreeBSD.ORG Subject: Re: jdk1.1.6.V98-7-21.tar.gz Message-ID: <XFMail.980806110314.patrick@cre8tivegroup.com> In-Reply-To: <199808061453.IAA12276@mt.sri.com>
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On 06-Aug-98 Nate Williams wrote:
>> >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'.
Ah. Fine print always gets you :)
>> 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 was considering a product to be a Java product that JDK was bundled with. If
it's any product, then we can't distribute it, as you have said.
>> 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.
Hum. I wonder if they have a commercial license, or if we can arrange with
Sun to distribute it freely on the CD. I'll follow that up.
>> 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.
I didn't open it. Haven't used 1.02 in a long time.
>> 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????
Nah. If they scream, we'll take it off.
Pat
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