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Returning the J2EE TCK due to NOTICE issues

21 Jul 2004 ¶

 WHEREAS, the requirements of the J2EE TCK licence are deemed
 onerous and inconsistent with the principles and operation of
 The Apache Software Foundation (the ASF), and

 WHEREAS, the additional requirements imposed by the J2EE TCK
 licence are in violation of and forbidden by revision 2.6 of
 the JSPA, which is the version currently in force and to which
 Sun Microsystems Inc. (Sun) and the ASF are signatory, and

 WHEREAS, the TCK licensed thereunder has not been used to
 certify any releases made by the ASF or its projects, and

 WHEREAS, the licence may be deemed null and void by virtue of
 the JSPA violation, and contractual requirements not having been
 met; to wit, Sun not having provided the ASF with a fully
 executed copy of the contract,

 NOW, THEREFORE, BE IT RESOLVED, that the ASF shall immediately
 cease all use of the J2EE TCK, destroy or return all copies of it,
 notify Sun that the ASF therewith considers the contract null and
 void, and initiate the process of obtaining a new licence that is
 acceptable to the ASF and compliant with the terms of the JSPA.

 Discussion revolved around necessity of such a move given the
 ongoing negotiations.  As part of the discussion, we came to
 the following statement of agreement supported
 unanimously by all of those in attendance :

 "The current NOTICE [in the J2EE SATCK] is unacceptable, and the
  board will continue to instruct geir to continue working with sun
  to get it fixed"

 Note that at this point, Jim had left the meeting.

 As this special order B "Returning the TCK due to NOTICE issues",
 it was rejected by vote :

 against : dirk, geir, stefano, greg, sander
 for : ken, sam
 absent : brian, jim