Java licencing

[Ivan Voras]

Xin LI wrote:
> Ivan Voras wrote:
>> Greg Lewis wrote:
>>> On Mon, Dec 22, 2008 at 10:12:16PM +0100, Ivan Voras wrote:
>>>> If I understand Sun's JRE license correctly, if I have an application in
>>>> Java I can't distribute the JRE binaries as a part of a VMWare image or
>>>> a LiveCD without a "trademark license agreement" with Sun. Would it be
>>>> possible with OpenJDK?
>>> OpenJDK is under the GPL, so you can distribute it under those terms.
>> Do you know if the OpenJDK Java interpreter and its libraries count into
>> the viral aspect of the GPL? (I guess yes since it's the same
>> process/address space).
> 
> I think it depends on how you want to distribute the image.  Does VMWare
> enforce some licensing restriction on images it produces?  Additionally,
> GPL allows you to distribute the whole distribution under a different
> license, as long as you are careful enough to obey it on the software
> package that is licensed under GPL (i.e. you can distribute Linux kernel
> source code and binary with your CD-ROM under any license as long as it
> does not depend on it to run, and the code for Linux kernel including
> whatever your modification is released under GPL and in an obtainable form).

Thanks, but I'm not that much tied to VM images, my question is about
the general case - I.e. if I have a Java application I need some JRE -
any JRE, in any form, like a tarball, to run the application.

The OpenJDK license (http://openjdk.java.net/legal/gplv2+ce.html) has
the following text:

"""
"CLASSPATH" EXCEPTION TO THE GPL

Certain source files distributed by Sun Microsystems, Inc.  are subject to
the following clarification and special exception to the GPL, but only where
Sun has expressly included in the particular source file's header the words
"Sun designates this particular file as subject to the "Classpath" exception
as provided by Sun in the LICENSE file that accompanied this code."

    Linking this library statically or dynamically with other modules is
making
    a combined work based on this library.  Thus, the terms and
conditions of
    the GNU General Public License cover the whole combination.

    As a special exception, the copyright holders of this library give you
    permission to link this library with independent modules to produce an
    executable, regardless of the license terms of these independent
modules,
    and to copy and distribute the resulting executable under terms of your
    choice, provided that you also meet, for each linked independent module,
    the terms and conditions of the license of that module.  An independent
    module is a module which is not derived from or based on this
library.  If
    you modify this library, you may extend this exception to your
version of
    the library, but you are not obligated to do so.  If you do not wish
to do
    so, delete this exception statement from your version.
"""

So it looks like OpenJDK might be clean from GPL's virality. But since
there's no OpenJDK for FreeBSD, I'm looking at Sun's JDK.

The Windows JRE has this text in the license:

"""
B. License to Distribute Software. Subject to the terms and conditions
of this Agreement and restrictions and exceptions set forth in the
Software README file, including, but not limited to the Java Technology
Restrictions of these Supplemental Terms, Sun grants you a
non-exclusive, non-transferable, limited license without fees to
reproduce and distribute the Software, provided that (i) you distribute
the Software complete and unmodified and only bundled as part of, and
for the sole purpose of running, your Programs, (ii) the Programs add
significant and primary functionality to the Software, (iii) you do not
distribute additional software intended to replace any component(s) of
the Software, (iv) you do not remove or alter any proprietary legends or
notices contained in the Software, (v) you only distribute the Software
subject to a license agreement that protects Sun's interests consistent
with the terms contained in this Agreement, and (vi) you agree to defend
and indemnify Sun and its licensors from and against any damages, costs,
liabilities, settlement amounts and/or expenses (including attorneys'
fees) incurred in connection with any claim, lawsuit or action by any
third party that arises or results from the use or distribution of any
and all Programs and/or Software.
"""

Which is fine. But the FreeBSD Foundation's binaries have these texts:

"""
OEM Downloads

This section is for OEMs. An OEM is a vendor who will bundle the
binaries with other software before distributing the bundled product to
end users. The binaries are the same, but the license agreement is
different. Vendors who are redistributing the binaries must have a
trademark license agreement with Sun. This will be explained more, in
Exhibit A of the license agreement, that appears when you start to
download a package below.
"""

and:

"""
You must be an OEM to download this Software.  An OEM is a person who will
download the Software and bundle it with other software before
distributing the bundled product to its end users.  You must have obtained
a current Trademark License Agreement from Sun before downloading the
Software.
"""

and:

"""
Thank you for choosing the Java Standard Edition platform technology (Java
SE) with your FreeBSD Operating Environment (FreeBSD). Your license with
FreeBSD and Sun Microsystems, Inc. (Sun) currently only permits you to use
and distribute the FreeBSD and Java SE technologies within a limited,
non-commercial field of use.  In an effort to maximize your options for
both platforms, the FreeBSD Foundation and Sun want to share with you the
process for enabling you to make commercial use of the the FreeBSD and
Java SE technologies in a broader field if you so desire.

I. Current Field of Use for Java SE

You may currently redistribute the combined FreeBSD and Java SE
technologies so long as it is bundled with or integrated in Java-enabled
general purpose desktop computers and servers, pursuant to your license
with FreeBSD Foundation and you have executed a Trademark License with Sun
(see Section III below). You may not distribute Java SE in any other
devices or fields of use, including, without limitation, embedded
applications, embedded devices, cell phones, wireless devices, TV devices,
telematics devices and home gateway devices.
"""


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