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Oracle has already distributed the APIs as GPL | 503 comments | Create New Account
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Oracle has already distributed the APIs as GPL
Authored by: Ian Al on Sunday, April 22 2012 @ 08:14 AM EDT
Not certain what you mean here, but the TCK license is most definitely incompatible with the GPL
The TCK is not GPL. If you want to run it on anything, you must apply to your Oracle salesperson to get it supplied and for permission to use it. There is no need for the TCK or its licence to be compatible with the GPL. Nothing about the TCK conflicts with the publishing of OpenJDK under the GPL licence.

OPENJDK COMMUNITY TCK LICENSE AGREEMENT V 1.1

1.0 DEFINITIONS

1.1 “Compatible Licensee Implementation” means a Licensee Implementation that (i) fully implements the Java Specification, including all its required interfaces and functionality; (ii) does not modify, subset, superset or otherwise extend the Licensor Name Space, or include any public or protected packages, classes, Java interfaces, fields, methods or constructors within the Licensor Name Space other than those required/authorized by the Specification or Specifications being implemented; and (iii) passes the TCK (including satisfying the requirements of the applicable TCK Users Guide) for such Specification.

2.0 LICENSE GRANTS

2.1 License Grant for the TCK. (a) Limited Grant. Subject to and conditioned upon its Licensee Implementation being substantially derived from OpenJDK Code and, if such Implementation has or is to be distributed to a third party, its being distributed under the GPL License, Oracle hereby grants to Licensee, to the extent of Oracle's Intellectual Property Rights in the TCK, a worldwide, personal, non-exclusive, non-transferable, limited license to use the TCK internally and solely for the purpose of developing and testing Licensee Implementation. No license is granted for any other purpose, including any of the activities described in Section 2.1(b).
The licence for the use and benefits of running TCK are given above. You are forbidden to use it on any GPL use of OpenJDK that is not 'substantially derived from OpenJDK Code'.

In other words, to distribute your GPL Java thing and call it Java, it must implement the whole Java API Specification, be substantially derived from OpenJDK Code and have Oracle's provision and permission for the use of of the, none GPL, TCK. Then it must pass the TCK without error.

If you do not meet all of these licence demands, you are infringing on the copyright of the Sequence, Structure and Organization of the Java API Specification. The Java API Specification is not released under an open and free licence. You cannot use it in the way that you might use GPL software.

An example of this infringement would be only using 37 API packages, adding your own and making your own VM platform.

---
Regards
Ian Al
Software Patents: It's the disclosed functions in the patent, stupid!

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