On Aug 1, 2005, at 6:02 PM, Roy T. Fielding wrote:


On Aug 1, 2005, at 10:22 AM, Justin Erenkrantz wrote:



Furthermore, my understanding of copyright law is that you can't be tainted by 'reading' source code years ago and then writing a version independently. (In fact, the examples I've heard of are 'minutes apart' is legally acceptable.) Of course, patent infringement occurs whether you've read the code or not. FWIW, our compiler languages class here at UC Irvine teaches Java internals - therefore, they'd all be 'tainted' under this definition - which isn't actually the case.



I agree with Justin.  BTW, the two sides of the coin are copyright
and trade secret law.  Copyright does not apply to things that you
may have learned in the past.  Trade secret and NDA text could apply,
but only if the code has never been revealed to the public.  BigCo
cannot claim trade secrets on anything they have released under
a non-NDA source code license, published in a book, or posted to
their website.


Agreed, but that's not what we're worried about - we're worried about those that have worked on things that weren't as you describe above. There aren't many of them, but they are interested in us, and we in them.


I doubt that there is anything in J2SE/EE that still
qualifies as a trade secret, since the JCP has revealed all of the
interfaces.


I think there probably is in implementations. There certainly is the possibility for things like the VMs where there are implementations out there that haven't been publicly exposed as source.



The CLA is sufficient for all of that.  We just need to remind people
of their obligations under the CLA.


Yep, for anything that is as you said under a non-NDA source code license, in a book, posted to a website, etc...

geir



....Roy


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Geir Magnusson Jr                                  +1-203-665-6437
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