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Apache Resigns From the JCP Executive Committee
iammichael writes "The Apache Software Foundation has resigned its seat on the Java SE/EE Executive Committee due to a long dispute over the licensing restrictions placed on the TCK (test kit validating third-party Java implementations are compatible with the specification)."
My understanding is this...
Long before Java was GPL'd through OpenJDK, Sun was trying to claim that it was an open standard, and published specifications for the JVM, etc - kinda how Microsoft does with .NET. The dirty secret was that they also held patents on the technology, so they could still sue you for implementing their spec. If you want access to the patent grant - you can have that too, for free even, provided your implementation of Java passes the compatibility kit (TCK) tests (which disallows sub-setting). Those tests are the problem though - they are decidedly NOT open source, and you can only get access to them if you follow Sun's rules, like not building a mobile device and a bunch of crap like that. Apache (with help from IBM) has implemented those "open" specs via the Harmony project, but all the TCK rules make them mad.
Separate from all that, Sun then went and GPL'd the whole thing as OpenJDK. You can do anything with OpenJDK that you can do with any other GPL code - an important thing to remember in all this. Rumor has it, the GPLv2 license may even grant you some implicit protection against any patents Sun has on the technology - at the very least they would have a hard time suing you for building something based on OpenJDK as long as you adhere to the GPL
Unfortunately, Android isn't based on OpenJDK, it's based on Harmony, so it doesn't have any protection from Sun/Oracle's patents on Java (which also may apply to many virtual machines for other languages), so they are getting sued.