Is the JCP dead?

Today, the Apache Software Foundation (ASF) joined Doug Lea and Tim Peierls in resigning from the Java Community Process (JCP) Executive Committee (EC). The message from the ASF was simple - The JCP is Dead. But is it?

Is the JCP dead?

The JCP, is the Java Community Process, setup in 1998. But why did it get created at all?

Well, back in 1996 - 14 years ago - Sun started on the road of creating an globally recognised Open Standard for Java at the International Standards Organisation (ISO). This standard was a promise to the community, in part to gain adoption of the platform.

If you weren't involved in Java at the time this might seem unimportant. Yet I can remember using the promise of an Open Standard as one of the arguments for adopting Java as the principal language in the insurer I worked at. I'm sure other developer's similarly found the Open Standard argument useful in adoption discussions. That promise was responsible in part for the rapid adoption of Java.

Sadly, the tale of standardisation through ISO, and then ECMA, is a sordid one. This was a time when Microsoft feared and abused Java resulting in a lawsuit. Sun faced two main hurdles. Firstly, that it wouldn't give up its copyright, patents, trademarks or rights to the compatibility testing suite (which ISO wanted them to). And secondly, the very rational fear that its competitors, notably Microsoft and HP, would abuse the standards process to gain control of, and destroy, Java. (For full details, see this excellent academic paper).

The JCP was setup effectively after the efforts at ISO and before the efforts at ECMA. But initially, it was very focussed on vendors, with a minimum $2000 price tag per year. Some early criticism is still interesting:

To me this makes it pretty clear, that this process is not an open one. If you're still not convinced, ask yourself these questions:

0. Can anyone tell Sun No? Can anyone keep Sun from putting something into the spec they want to put it in? Or put something in that Sun wants to keep out?

1. Can Sun's enemies (e.g. Microsoft, HP, etc.) participate in this process on an equal footing with Sun? Can they even participate at all?

When you actually read the fine print, what the Java Community Process says is that Sun agrees to let other companies contribute their time, money, and knowledge to help Sun do what it wants to do anyway. That may be intelligent business, but it's not an open, community based process for developing standards.

In hindsight, Sun's choices to avoid ISO and ECMA look reasonable. Java was not that established, and fast moving technology often doesn't fit well in standards bodies. And the threat from Microsoft was very real. Thus the JCP was better than nothing. It wasn't an open standards body though.

The Apache Software Foundation (ASF) did not participate initially but later played a part. In the lead up to JavaOne 2002, the Apache Software Foundation worked with Sun to ensure that specifications from the JCP could be implemented in Open Source. On stage announcement (large mp4 file) and Press reports:

The biggest news of this year's JavaOne was delivered Tuesday morning by Jason Hunter, an Apache Software Foundation vice president, co-creator of JDOM, and author of the popular O'Reilly Servlets book. Flanked by Sun CEO Scott McNeally and Sun vice president Rob Gingell, Hunter outlined an agreement negotiated between Sun and Apache that has broad-ranging implications to developers and to the future of Java itself. First, all in-progress and future Sun-led Java Specification Requests (JSRs) will be made available under a license that allows for open source.

In addition, key JSRs that have already been released will have their license altered to this newer, more open license. Even JSRs not being led by Sun can release their reference implementations under an open source license. Finally, Test Compatibility Kits (TCKs) for Sun-led JSRs will be made available for free to qualifying open source and academic groups.

There is a further important implication of Sun's statement that "Sun will modify the specification licenses of all the JSRs currently in progress to reflect Apache's requirements as met in the new draft JSPA." The JSPA is the legal agreement signed by members when they join the Java Community Process. Hunter points out that the draft JSPA includes the requirement that the TCK be licensed separately from the Reference Implementation (RI). In the past, commercial interests, which used to have to license the RI and TCK together, were bound by some interesting legal issues by having the RI source. Under the new agreement, they can now pay just for the TCK. This will help JBoss, for example, which can't get the TCK because it's currently only provided with the RI; they can't see the RI and remain independent.

This agreement from 2002, and the associated updated JSPA legal agreement, are the defining legal basis for the ASF's actions today.

The actual JSPA says.

Other than as set forth above, the Spec Lead agrees not to impose any contractual condition or covenant that would limit or restrict the right of any licensee to create or distribute such Independent Implementations.

Since 2002, the ASF, and many others, have implemented JSRs using these rights. This includes Apache Tomcat, Geronimo, OpenEJB, MyFaces and many more. The ecosystem worked! And surely the community now had an Open Standards body for Java equivalent to ISO?

But, when the ASF started the Harmony project, Sun was not happy.

It decided to stop Harmony using a Field Of Use restriction on the testing compatibility kit. The aim was simple, if Harmony passed the tests, then it wouldn't be open source software. Thus the ASF couldn't release Harmony. It was legally clever. Except that it conflicted with the JSPA legal agreement, as outlined above.

After private negotiations went nowhere, the ASF talked to the JCP Executive Committee (EC). The EC supported the position of the ASF in two critical votes. Oracle voted in support of the position of the ASF in both votes.

By this stage, Sun was in financial trouble. The apparent threat from Harmony was that the Java ME licensing revenue would disappear, and since every last dollar mattered, Sun did not feel able to concede. Instead, Sun released OpenJDK as the GPLv2 implementation of Java, placating some like Richard Stallman.

But the dispute itself dragged on. And on. And on.

Until Oracle bought Sun.

At that point there was hope that the issue would be resolved. After all, Oracle's public position was in support of the ASF. But over time it became apparent that Oracle intended to make no change to the licensing offered. It had done a U-turn.

So why didn't the ASF sue Sun, then Oracle? Well, basically its a really bad idea for a not-for-profit to sue a mega corporation, no matter how good the case. (That said, it might still have been the better course of action)

And why did the Executive Committee fail to fix the problem? Because there is no dispute resolution process in the JCP. All legal agreements are between the member and Sun, now Oracle - because the JCP itself is just a department, not an actual legally recognised organisation.

What the EC could do was prevent the approval of the Java SE 7 JSR. And they did. While this isn't the whole reason why its been so long since Java SE 6, it is a major part of the story.

Once Oracle finally got to grips with the issue it made a decision to force Java SE 7 and 8 through, no matter what. Tim Peirels captured this in his resignation statement:

Add to that Oracle's expressed intent to proceed with the SE7/8 JSRs whatever the outcome of the vote, and one can only conclude that the SE/EE EC is never going to be more than a rubber stamp for Oracle. (The belligerent tone with which this message was delivered does not come across in the public minutes, but it was loud and clear over my phone connection.)

At the same time, the second strand of Oracle's plan was in action. IBM and Apple were being invited to join OpenJDK in leadership positions. Effectively, this was the sign that IBM would now vote through the Java SE 7 and 8 JSRs, irrespective of the ASF dispute.

However, even I was surprised at just how clear the mismatch between the Java SE 7 license and the JSPA was. Not only that, the license terms are inconsistent with the stated uses of the JSR itself.

Of course, none of this mattered. The EC corporate members, and their lackie Eclipse, had decided to pass the JSRs even though they were in violation of the legal agreements. This was now big company politics, and if the ASF had to go, then it had to go.

Doug Lea resigned just before the vote. Tim Peirels just after. And today, the ASF joined them.

After all, there is no point helping to write specifications that you aren't allowed to implement.

But were they right to declare the JCP is dead?

The first ASF claim is that the JCP is not an open standards organisation because there are restrictions made in the commercial interests of one party that prevent another from producing an implementation. The second ASF claim is that the EC failed to perform its duty to enforce the rules and to defend a fellow member.

By approving Java SE 7, the EC has failed on both counts : the members of the EC refused to stand up for the rights of implementers, and by accepting Oracle's TCK license terms for Java SE 7, they let the integrity of the JCP's licensing structure be broken.

The Apache Software Foundation concludes that that JCP is not an open specification process - that Java specifications are proprietary technology that must be licensed directly from the spec lead under whatever terms the spec lead chooses; that the commercial concerns of a single entity, Oracle, will continue to seriously interfere with and bias the transparent governance of the ecosystem; that it is impossible to distribute independent implementations of JSRs under open source licenses such that users are protected from IP litigation by expert group members or the spec lead; and finally, the EC is unwilling or unable to assert the basic power of their role in the JCP governance process.

But none of this definitively means that the JCP is dead.

Oracle's public argument is that Java needs to move forward:

Last month Oracle renominated Apache to the Java Executive Committee because we valued their active participation and perspective on Java. Earlier this week, by an overwhelming majority, the Java Executive Committee voted to move Java forward by formally initiating work on both Java SE 7 and SE 8 based on their technical merits. Apache voted against initiating technical committee work on both SE 7 and SE 8, effectively voting against moving Java forward. Now, despite supporting the technical direction, Apache have announced that they are quitting the Executive Committee. Oracle has a responsibility to move Java forward and to maintain the uniformity of the Java standard for the millions of Java developers and the majority of Executive Committee members agree. We encourage Apache to reconsider its position and remain a part of the process to move Java forward. ASF and many open source projects within it are an important part of the overall Java ecosystem.

For me, this is very hollow. The reference to "technical merits" covers the fact that many members used their comments to object to the licensing. And frankly, Oracle were going to proceed whether or not the EC voted "Yes".

My conclusion is that the EC should have voted "No" and forced Oracle to run Java SE 7 and 8 outside the JCP, thus preserving the integrity of the EC and the JSPA license. And this action would have had zero effect on "moving Java forward".

Since the EC voted "Yes", they tacitly accepted Oracle's right to break the JSPA legal agreement when it is in their commercial interest.

Given that the ASF has no commercial axe to grind, they made the sensible choice to leave. And since the EC failed to act as the leaders of the industry it is entirely reasonable to say that the JCP is now a sham body where legal agreements mean little.

Thus essentially whether you consider the JCP is dead or not depends on what you believe the JCP is.

Since 2002, I have essentially seen the JCP as a vendor-neutral open standards body, the Java specific equal of ISO. Clearly, it can no longer be viewed as that.

But others have viewed it more as a useful tool for influencing the owner of Java, where the output sometimes allows the creation of a competitive ecosystem around a specification. Viewed this way, the JCP is still entirely feasible.

Certainly, Doug Lea saw it as the former:

I believe that the JCP is no longer a credible specification and standards body

So, is the JCP dead? Well, it will probably limp on for a while. And if the second view of what it is takes hold, then it may have some future as far as big corporates are concerned.

But it cannot now be seen as an Open Standards Body.

So its both dead and undead. A zombie.

Summary

Its the end of an era. An era of hope that the JCP would be Java's ISO, producing truly Open Standards.

So as that era closes we look forward to the new closed era of Java. Where its Oracle's way or the highway.

Stephen Colebourne
Apache Software Foundation member, speaking personally
Oracle Java Champion, speaking personally
Not a committer on Harmony or OpenJDK