Through the JSPA, the agreement under which both Oracle and the ASF participate in the JCP, the ASF has been entitled to a license for the test kit for Java SE (the "TCK") that will allow the ASF to test and distribute a release of the Apache Harmony project under the Apache License. Oracle is violating their contractual obligation as set forth under the rules of the JCP by only offering a TCK license that imposes additional terms and conditions that are not compatible with open source or Free software licenses. The ASF believes that any specification lead that doesn't follow the JCP rules should not be able to participate as a member in good standing, and we have exercised our votes on JSRs -- our only real power on the JCP -- accordingly. We have voted against Sun starting and continuing JSRs, and have made it clear that we would vote against the JSR for Java SE 7 for these reasons.
In light of Oracle Corporation failing to uphold their responsibilities as a Specification Lead under the JSPA and breaking their signed covenants with the Apache Software Foundation that are the conditions under which we agreed to participate in the JCP, we call upon the Executive Committee of the JCP to continue its clear, strong and public support for Java as an open specification ecosystem that is a level playing field for participants in order to ensure that anyone -- any individual or commercial, academic or non-profit entity -- is able to implement and distribute Java specifications under terms of their choice. Specifically, we encourage the other members of the JCP EC to continue with their support of our position regarding Oracle, and vote accordingly on the upcoming Java SE 7 vote.
The ASF will terminate its relationship with the JCP if our rights as implementers of Java specifications are not upheld by the JCP Executive Committee to the limits of the EC's ability. The lack of active, strong and clear enforcement of those rights implies that the JSPA agreements are worthless, confirming that JCP specifications are nothing more than proprietary documentation. --The ASF Board
Apache Bares its Teeth, Threatens to Vote Against Java SE 7
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