testing kit conformance as a condition of distribution

[Brian Behlendorf]

I know this list is supposed to be about reviewing proposed licenses 
rather than speculation, but hopefully you'll at least find this question 
more on-topic than most.

With respect to the language at the top of:

http://geronimo.apache.org/download.html

and for context:

http://nagoya.apache.org/eyebrowse/ReadMsg?listName=announce@apache.org&msgNo=52

The NOTICE Sun is asking us to post seems, to me, to effectively 
constitute an additional term of copyright.  Such a term would not seem to 
be OSD compliant.  Empirically I can argue this easily, as no open source 
license has been approved with such a conformance requirement on 
derivative works (AFAIK).  The Sun Internet Standards Source License comes 
close, but it also allows the release of non-conformant works so long as 
the full source code to non-conformant works is available.  What I need 
are solid sound-bite-y easy-to-explain but non-dogmatic arguments as to 
why such a conformance requirement is not compatible with the way Open 
Source works (putting aside compatibility with any particular licenses).

Thanks in advance,

 	Brian
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