I've had to pull back from my involvement in the Apache Harmony project because of pressures from other things.
However, Sun have posted a very disappointing document called Java SE IP Issues, which I have to post about.
This document is quite possibly the worst example of FUD I have seen from Sun. While it says it was written to address common IP questions around creating an independent implementation of Java SE, especially around the Apache Harmony project it does no such thing. For example, instead of discussing the copyright, trademarks or patents, it says:
The Java platform represents a very large investment and a considerable body of Intellectual Property (“IP”).
No where in the document does it explain exactly what this “Intellectual Property” is, nor how it is protected. It is clear that this “Intellectual Property” is NOT implementation techniques, since that is dealt with elsewhere (This implementation-specific IP is not licensed as part of the Java SE IP which is licensed through passing the TCK.)
There are clear warnings that are aimed at open source Java implementations that have been careful not to call themselves Java (eg, GCJ):
Note that an incompatible implementation is not entitled to use the Java SE IP. This applies even if the incompatible implementation avoids use of any Java brands or Java trademarks. Having an incompatible implementation call itself “fred” does not magically resolve the IP issues!
This document is not going to win Sun any friends in the open source community, and will only increase suspicions that Sun do not really understand the community they are trying to engage.