Re: Why free software?

Define "open source" ?

GPL, source code freely available and modifiable.

And that is just it. Java's source code is freely available (free as in beer)
and modifiable.

I wonder if people who comment on Sun's need to "open up Java" have actually
bothered to read the license themselves.

---<Cut definitions

II. PURPOSE.

Sun is licensing the Technology under this Java Research
License (the "License") to promote research, education,
innovation, and development using the Technology.

COMMERCIAL USE AND DISTRIBUTION OF TECHNOLOGY AND
MODIFICATIONS IS PERMITTED ONLY UNDER A SUN COMMERCIAL
LICENSE.

"Development using the technology", isn't that exactly what we're after here or
am I seeing things ? Now would be a good time to look at Sun's definition of
'the Technology':

"Technology" means the source code, object code and
specifications of the technology made available by Sun
pursuant to this License.

So what we're reading here is that the license is also aimed to promote
innovation and development using the source.

III. RESEARCH USE RIGHTS.

A. License Grant. Subject to the conditions contained
herein, Sun grants to You a non-exclusive, non-transferable,
worldwide, and royalty-free license to do the following for
Your Research Use only:
1. Reproduce, create Modifications of, and use the
Technology alone, or with Modifications;
2. Share source code of the Technology alone, or with
Modifications, with other Licensees; and
3. Distribute object code of the Technology, alone,
or with Modifications, to any third parties for Research
Use only, under a license of Your choice that is consistent
with this License; and publish papers and books discussing
the Technology which may include relevant excerpts that
do not in the aggregate constitute a significant portion
of the Technology.

Now correct me if I'm wrong but this clearly says that whenever my purpose is
researching and learning I can basicly do whatever I want with the code. I'm
perfectly within my rights if I create a whole new Java VM, develop code for it
and release all of that stuff under any license I like as long as it doesn't
violate this one.

In fact, I might even be able to publish this under the GPL. Ofcourse entering
juristiction hell, but if I only focus on the GPL's intention (quick incomplete
summary) then: "We protect your rights with two steps: (1) copyright the
software, and (2) offer you this license which gives you legal permission to
copy, distribute and/or modify the software.". And as you can see above this
isn't much different from what Sun is doing with Java. The only difference I
can spot so far is the 'commercial use' limitation.

B. Residual Rights. You may use any information in
intangible form that you remember after accessing the
Technology, except when such use violates Sun's copyrights
or patent rights.

In other words... *Everything* I learned from working with the sourcecode may
be used freely ever after. Exception is the copyright & patent right. And here
we actually see another limitation.. If I learned of a bug from studying the
code I am not allowed to alter the Java binary code (for example by including a
patch in my program) but that limitation is only placed on me by the "Sun
Microsystems, Inc. Binary Code License Agreement" included with Java. *Not* the
source license which we're now discussing. So if I looked at certain routines
and saw that Suns approach of, for example, processing Arrays is MUCH better
then there's nothing stopping me from adapting that methology in my own
software.

Even if Sun were to "open source" Java it doesn't have to result in the removal
of this limitation. After all; even the GPL isn't stopping me from using
sourcecode and then turning it into a propetary program where I explicitly
license the rights to use and modify it.

It takes some legal mumbo jumbo but you can see it being put to work with the
RedHat Enterprise Server (RHES). Its basicly a commercial piece of software
build on open source. It also has a freely available equivalent (CentOS) and
that is possible because RH has to make the sourcecode available. That code can
then be used to create something resembleing the original. But nothing is
stopping RedHat from protecting their own work. Open source doesn't imply that
the program has to be made available free of charge nor does it imply that I
can do whatever I want with the software itself.

C. No Implied Licenses. Other than the rights granted
herein, Sun retains all rights, title, and interest in
Technology, and You retain all rights, title, and interest
in Your Modifications and associated specifications, subject
to the terms of this License.

Speaks for itself if you ask me. It basicly matches with the intention of the
GPL where you're basicly protected whilst giving away your sourcecode. While
the code is free you remain the owner of the program and as such deserve to be
credited in every work based on it.

D. Open Source Licenses. Portions of the Technology may be
provided with notices and open source licenses from open
source communities and third parties that govern the use of
those portions, and any licenses granted hereunder do not
alter any rights and obligations you may have under such
open source licenses, however, the disclaimer of warranty
and limitation of liability provisions in this License will
apply to all Technology in this distribution.

Sooo, they even opened up the possibility that parts of Java are already open
sourced but simply wish to protect their own rights by making sure the
disclaimer of warranty ("Sun cannot be held liable for your computer turning
into a block of ice after installing such cool technology like Java") and such
apply to the product as a whole.

IV. INTELLECTUAL PROPERTY REQUIREMENTS

As a condition to Your License, You agree to comply with the
following restrictions and responsibilities:

A. License and Copyright Notices. You must include a copy
of this Java Research License in a Readme file for any
Technology or Modifications you distribute. You must also
include the following statement, "Use and distribution of
this technology is subject to the Java Research License
included herein", (a) once prominently in the source code
tree and/or specifications for Your source code
distributions, and (b) once in the same file as Your
copyright or proprietary notices for Your binary code
distributions. You must cause any files containing Your
Modification to carry prominent notice stating that You
changed the files. You must not remove or alter any
copyright or other proprietary notices in the Technology.

Not much different from what the GPL is telling us. We also need to distribute
the GPL with the code, insert certain comments in our work and make sure that
anyone using our code (or software) is informed about the licenses placed upon
it. Even more; if I base my work on someone else's code the GPL explicitly
instructs me to "print or display an announcement including an appropriate
copyright notice and a notice that there is no warranty...<cut>".

B. Licensee Exchanges. Any Technology and Modifications
You receive from any Licensee are governed by this License.

Also nothing special here.. So if I send you a piece of the Java source code it
automaticly falls under this license since I was a Licensee the moment I sended
you the code.


So summing up I still cannot see why I wouldn't be free to change the Java
source code and use it as I see fit. I guess you could argue about the meaning
of "research" and "innovation" but I think thats a whole different discussion.
It would boil down to the very essence of "why are you developing open source
software".

For fun, research, educational purposes? Or could it be that some people
always keep hoping that their software will be experiencing an "interest boom"
thus rapidly expanding their userbase so that they may have options left to
take it onto a commercial route (and make money from it) ?

I maybe very biased here, but I honostly don't see in what way this license is
restricting me. In my opinion its only protecting Sun's interest in their work
in such a way that I am restricted in grabbing Java, changing it to fit my
needs, and start selling my software as OOV (Object Oriented Vapourware ;-)).

And IMVHO they have every right to do so.

--
Groetjes, Peter

..\\ PGP/GPG key: http://www.catslair.org/pubkey.asc
.

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