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by Weiqi Gao.
Original Post: Java: The Third Fork From Sun
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Geir Magnusson Jr.: Our objections to the offered license are clear and valid. The situation we are facing is grossly in conflict with the basic IP philosophy of the JCP, the concept of Java as an open standards-based ecosystem, Sun's public promises to the free and open source communities, and Sun's contractual obligations as a specification lead under the JSPA. The JCP was clearly designed to prevent any single actor from being able to exhibit this sort of market control. Additionally, it is contrary to both the spirit and letter of open source, the respect of which is a key element in Sun's stated business strategy.
The immediate reactions on the web are overwhelmingly pro-Apache: [1] [2] [3] [4] [5]. The lone Sun defender were quickly outed as a Sun Technical Director.
The best analysis of the situation I've found is from Steve Loughran:
Steve Loughran: But Apache cannot release Harmony as a "Java" implementation until they pass the TCK. Without that, no grant of the class bytecode validation patents or anything else you need, no use of the word "Java" in the title.
But before you make up your mind and decide this is an Apache vs. Sun issue, or even Open Source vs. Sun issue, think again. Here's a list of events that will jolt your memory:
So clearly Apache Harmony is not your stereotypical open source project that's done by a few kids in their spare times. It is a play by IBM, Intel, and other Java vendors to wrestle control of Java from Sun, and Apache Harmony is a bucket that they can pour their code it. In this fight the "free software is not the same as open source" people are aligned with the non-Sun vendors early on. But they backed out as soon as they found out that Apache is not interested in their code base, citing license incompatibilities.
The battle is half won when Sun released (or threatened to release, they haven't done it completely yet) their JDK under the GPL. Allegedly the reason Sun chose the GPL is so that "nobody can say we are not really open source" by doubting the licensing terms.
One bit of information revealed in the Apache open letter is the date when they started the negotiation with Sun regarding the TCK—August 2006. That's two months after the famous "Will you open source Java?" question asked on the JavaOne stage but three months before the official announcement of the open sourcing of the Sun JDK. I'm not sure the events are related but it's not hard to imagine earlier events prompted later ones.
The next move is Sun's. Given that they haven't relented in seven months of behind the scenes negotiations with Apache, and given that an Apache licensed JDK will eat into the proprietary licensing portion of Sun's dual license strategy, I just don't see this dispute being resolved in a timely fashion. That will prevent Apache from releasing Harmony under an certified "Java" name for sometime. But it won't prevent Apache from releasing Harmony under a different name.
The end result: a alternative JDK with license terms that are much more friendlier to commercial software vendors than Sun's JDK. And this will be the third "fork" of Java from Sun. Well, not technically a fork of the code base, but a fork of the "Sun JDK is the One True JDK" concept. [The first two "forks" are .NET (because Sun didn't want Microsoft to add Delegates to Java) and Eclipse (because Sun won't/couldn't evolve Swing fast enough).]