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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