Von: Werner Keil <werner.keil(a)gmail.com>
Datum: Friday 4 July 2014 00:46
An: Mark Struberg <struberg(a)yahoo.de>
Cc: Reza Rahman <reza.rahman(a)oracle.com>, Arun Gupta
<arungupta(a)redhat.com>, Badr Elhouari <badr.elhouari(a)gmail.com>, Adam Bien
<abien(a)adam-bien.com>, CDI-Dev <cdi-dev(a)lists.jboss.org>, Eisele Markus
<Markus(a)eisele.net>
Betreff: Re: [cdi-dev] About JSR 330.Next and CDI 2.0
In a majority of cases, not just Oracle but also other vendors from a
legal point still live and practice a "Shrinkwrap mindset", so the only
license that counts is the one you see when you "open the box". Or
download artifacts from JCP or a similar place.
Well, this might be their mindset. However European IP law treats this
quite different and has a strict understanding for doing so (I avoid the
c-word here on purpose). I assume US IP law is quite similar in this
regard - especially in the area of author/copyright owner rights,
exploitation rights, etc.
I am not familiar with JCP/EC/Oracle/Sun/... internals. Nevertheless I
have been in a legal battle that covered both source code disclaimers and
"intended contractual purpose that lead to the source". Since both did not
match at some point we had to exchange arguments via lawyers. And - at no
surprise - it turned out that European/German IP law is pretty simple and
works just like Mark wrote in his mails before;).
Of course there are issues if source code is created as an result of an
specification process (say - paper was first). However it won¹t break
source code copyrights and attached licenses, particularly in the case of
JSR-330.
Let¹s hope things can be sorted out without lawyers,
Jens