Patent Grant

Jonathan Tripathy jonnyt at
Mon Nov 21 12:34:19 UTC 2011

Hi Everyone,

I'm aware that OpenJDK is released under the GPLv2, which has an 
implicit patent grant. However I'm curious about the explicit patent 
grant given by Oracle when an implementation passed the TCK test.

I'm aware that OpenJDK has passed the Community TCK tests (Which doesn't 
have any field of use clauses). Does this mean that an explicit patent 
grant is given to OpenJDK?

The  grant is here:

My concerns are with this paragraph:

5. Definitions. For the purposes of this Agreement: "Independent 
Implementation" shall mean an implementation of the Specification that 
neither derives from any of Sun's source code or binary code materials 
nor, except with an appropriate and separate license from Sun, includes 
any of Sun's source code or binary code materials

OpenJDK is obviously Sun's code, so I'm a little confused here. Does 
this mean the patent grant doesn't apply? Or maybe the GPLv2 is the 
"appropriate and separate license".


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