Open is Open.
Posted Nov 12, 2005 15:41 UTC (Sat) by paulj
In reply to: Open is Open.
Parent article: Debian and Nexenta collide
On the contrary. My suggestion is _qualitatively_ different to what Sun have done. It is _illegal_ to include CDDL licensed code with the GPL licensed software. It is perfectly legal to do so with the code licensed under the GPL + Exception. And that is because GPL + Exception _is_ essentially GPL, for people that choose not to pass on the exceptions. Nothing like that is possible with the CDDL
This is about the patent-pool, patent MAD clauses of the CDDL. The problem is that if you add those to the GPL, as you suggest, then they are not exceptions but additional restrictions. Additional restrictions would make this theoretical "Sun GPL" incompatible with the GPL anyway. Authors of GPL software *can* make use of CDDL patent grants, just by giving themselves to link to the CDDL software to which the grant applies.
Bottom line is this: Sun are unwilling to guarantee (in any legal sense, like IBM) that they won't sue open source developers over patents Sun holds.
Ha, ha. Go and look at the patents IBM donated to the Linux *kernel* (not to opensource in general btw). I'm sure the linux kernel is far safer now that IBM won't sue it for things like patents on gel-packs, and such.
Sun executives BTW are on record that Suns' interest in patents is primarily defensive. And the patents Sun has given Free Software (which is what code under the CDDL is, according to *RMS*) are those relevant to the code at hand. Unlike IBMs publicity stunt.
We can all pretend here, but it is quite clear that CDDL was designed and chosen _precisely_ because it isn't compatible with the GPL, in order to prevent Solaris technology from going to Linux (which is likely, given the size of Linux v. OpenSolaris development communities).
Your powers of mind-reading are obviously far greater than mine. I don't see how that is clear at all. I see it as a possibility, a very unlikely possibility given various other factors, as I've already explained. Eg. that the CDDL simply has restrictions in it which can never be GPLv2 compatible (but maybe could be GPLv3 compatible). Or e.g. that OpenSolaris and Linux kernel code simply is *way* too different for code to transfer across anyway. As for OpenSolaris apps, you can port those across no problem, CDDL licence has no problem with that. If you want to implement DTrace on some other kernel, you're free to use the OpenSolaris Dtrace userland tools. (Someone is working on this for FreeBSD btw).
Are there reasonable things which you could criticise Sun for? Sure. Are there omissions or deficiencies in the CDDL, some claim there are (see other threads). I'm pretty sure Sun and the OpenSolaris community would like to hear them (join the lists), they might even be fixable if valid.
But if your arguments start to reduce down to mind-reading, I'll have to bow out I'm afraid.
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