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Java: The Third Fork From Sun

History is repeating itself right in front of our eyes. Of course I'm talking about the open letter that Gier Magnusson Jr. of Apache Software Foundation sent to Jonathan Schwartz of Sun two days ago regarding the condition under which Sun will license to Apache the Java SE 5 Technology Compatibility Kit (TCK).

Geir Magnusson Jr.: Our objections to the offered license are clear and valid. The situation we are facing is grossly in conflict with the basic IP philosophy of the JCP, the concept of Java as an open standards-based ecosystem, Sun's public promises to the free and open source communities, and Sun's contractual obligations as a specification lead under the JSPA. The JCP was clearly designed to prevent any single actor from being able to exhibit this sort of market control. Additionally, it is contrary to both the spirit and letter of open source, the respect of which is a key element in Sun's stated business strategy.

To which Sun replied:

Sun: Huh?

The immediate reactions on the web are overwhelmingly pro-Apache: [1] [2] [3] [4] [5]. The lone Sun defender were quickly outed as a Sun Technical Director.

The best analysis of the situation I've found is from Steve Loughran:

Steve Loughran: But Apache cannot release Harmony as a "Java" implementation until they pass the TCK. Without that, no grant of the class bytecode validation patents or anything else you need, no use of the word "Java" in the title.

But before you make up your mind and decide this is an Apache vs. Sun issue, or even Open Source vs. Sun issue, think again. Here's a list of events that will jolt your memory:

So clearly Apache Harmony is not your stereotypical open source project that's done by a few kids in their spare times. It is a play by IBM, Intel, and other Java vendors to wrestle control of Java from Sun, and Apache Harmony is a bucket that they can pour their code it. In this fight the "free software is not the same as open source" people are aligned with the non-Sun vendors early on. But they backed out as soon as they found out that Apache is not interested in their code base, citing license incompatibilities.

The battle is half won when Sun released (or threatened to release, they haven't done it completely yet) their JDK under the GPL. Allegedly the reason Sun chose the GPL is so that "nobody can say we are not really open source" by doubting the licensing terms.

One bit of information revealed in the Apache open letter is the date when they started the negotiation with Sun regarding the TCK—August 2006. That's two months after the famous "Will you open source Java?" question asked on the JavaOne stage but three months before the official announcement of the open sourcing of the Sun JDK. I'm not sure the events are related but it's not hard to imagine earlier events prompted later ones.

The next move is Sun's. Given that they haven't relented in seven months of behind the scenes negotiations with Apache, and given that an Apache licensed JDK will eat into the proprietary licensing portion of Sun's dual license strategy, I just don't see this dispute being resolved in a timely fashion. That will prevent Apache from releasing Harmony under an certified "Java" name for sometime. But it won't prevent Apache from releasing Harmony under a different name.

The end result: a alternative JDK with license terms that are much more friendlier to commercial software vendors than Sun's JDK. And this will be the third "fork" of Java from Sun. Well, not technically a fork of the code base, but a fork of the "Sun JDK is the One True JDK" concept. [The first two "forks" are .NET (because Sun didn't want Microsoft to add Delegates to Java) and Eclipse (because Sun won't/couldn't evolve Swing fast enough).]

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Re: Java: The Third Fork From Sun

Are you sure that it won't prevent ASF to release Harmony under the Harmony name without references to Java/JVM ? As far as I understood it you are not granted patent licensing if you don't pass the JCK, so, I guess you are wrong in that statement.

Re: Java: The Third Fork From Sun

I'm speculating that Sun will not make any patent actions against Harmony even though the letter of the spec allows them that option. The PR backlash for such a thing would be unbearable.

A precedence of this sort of a situation is the relationship between Microsoft and Mono.

Things may play out differently, though.

Re: Java: The Third Fork From Sun

While the patent situation around Java is nasty, Sun's patents are only on specific aspects of verification, and those are fairly easily worked around.

Apache vs. FSF?

Is there anything to stop Apache from shipping Harmony? I thought Sun had lived up to GPL'ing the code, and they're actively supporting kaffe, &c. This seems like Apache/IBM just wanting something for nothing. Or am I missing something?

Re: Java: The Third Fork From Sun

Tom Ball "quickly outed as a Sun Technical Director". What rubbish! The title of his blog ("Tom Ball's Blog") is a hyperlink that leads directly to his bio: "Tom Ball is a technology director at Sun Microsystems, working on..." You make it sound like he's tried to hide his identity.

Re: Java: The Third Fork From Sun

I'm referring to this comment on Tom's blog:

I have forgotten about Tom Ball's position inside Sun as I was perusing the comments until the one quoted here. I didn't mean to suggest that Tom tried to hide his position or that he's not entitled to his opinion. But since Java.net is host to many Sun and non-Sun bloggers, and Tom is responding to a highly contentious issue, it would have been clearer had his post started out with a disclaimer such as "I'm a technical director at Sun but I'm voicing my personal opinions here,..." or posted to blogs.sun.com.

Re: Java: The Third Fork From Sun

Having watched this from the side lines for a few days, I think Geir & the ASF botched the delivery, and whatever concern they had seems to have puffed out in the smoke of casting the conflict as battle of forces of good and bad organizations by commentators (and people seem to see all sorts of amusing things in this, ASF v. FSF, Sun vs. IBM, and what not). When an open letter to Sun doesn't even make it onto Slashdot any more, either the times really must have changed, or the issue has not been presented adequately. If you look at the affiliation of the bloggers you quoted, those in favor of the open letter are affiliated with the ASF, those against it are affiliated with Sun, which makes their comments somewhat unsurprising. The only blog on the topic outside either camp worth quoting I've seen was sogrady's.

Re: Java: The Third Fork From Sun

> When an open letter to Sun doesn't even make it onto Slashdot any
> more, either the times really must have changed, or the issue has
> not been presented adequately.

I don't know how many have submitted the story to Slashdot. But I'll make one more try. (And getting ready to hear "Java applet sucks" 600 times. :) )

Re: Java: The Third Fork From Sun

From reading the pretty small comment threads on JL and TSS, I doubt that a Slashdot discussion would result in something other than more of the same conspiracy theories about ASF's and Sun's motivation & timing.

Remember ESR's and IBM's open letters? Didn't do them or their causes much good. I'd be surprised if this ends up very differently, sadly. :(

Re: Java: The Third Fork From Sun

I believe this should be called a "fork up"

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