java.net, JavaOne

Tue Nov 8 16:09:00 GMT 2005

For the sake of completeness, here's the clause I worry about:
12. The Hosts do not claim ownership of Submissions you post or make
available for inclusion on the Service. However, with respect to such
Submissions, notwithstanding any other provision of these web site Terms
of Participation, you grant to the Hosts a royalty-free, perpetual,
irrevocable, non-exclusive and fully sub-licensable right and license
under your intellectual property rights (including, but not limited to,
copyright, patent trademark and trade secret rights) to use, reproduce,
modify, adapt, publish, translate, create derivative works from,
distribute, perform and display your Submissions (in whole or part)
worldwide and/or to incorporate it in other works in any form, media, or
technology now known or later developed.
Note that this is explicitly a license grant, and (if I'm understanding this
correctly) seems to say that it takes precedence over other terms of the
agreement.
This all seems clear as mud to me.
Hans
On Tue, 8 Nov 2005, fernando@lozano.eti.br wrote:
> Hi Chis,
>> > > [...] I would guess that it allows, for example, my GPL code to be
> > > included in Sun proprietary products.
> >
> > I would guess that clause 2 disallows this - the licence applying to your code
> > prevails over the Terms of Participation.
>> Thanks for bringing this point in. For the lazy one, here's section 2:
>> "2. In the event of any conflict between these web site Terms of Participation and the Terms of Use,
> these web site Terms of Participation prevail. In the event of any conflict between these web site
> Terms of Participation and any other license applicable to specific software, such other license
> prevails."
>> And, adding section 3 below, I guess source code and documentation under F/OSS licenses are safe.
> Please note that they explicitly cite OSI-Approved licenses, and that these licenses prevail as for
> secion 2:
>> "3. You agree that all software, related materials, technical materials, information and/or content
> of any sort submitted by you to this web site ("Submissions") may be made available on this web site
> (at the Hosts' sole discretion) under the web site Terms of Participation. Submissions of source
> code stored (a) in a CVS tree or (b) as a file release ("Source Code") shall also be after posted
> subject to one of the following licenses: (i) the OSI-approved license which you are allowed to
> chose as applicable to such Source Code; (ii) the Sun Community Source License (“SCSL”) if chosen by
> you; (iii) such other licensing arrangements as may be approved by the Hosts; or (iv) if no license
> is chosen or applicable, then to the default license found at the end of these web site Terms of
> Participation (collectively the "Software License"). (...)"
>
Hans