Subject: RE: Followup on Exhibit B licences
From: "Lawrence Rosen" <lrosen@rosenlaw.com>
Date: Thu, 15 Mar 2007 09:13:42 -0700

> I can verify that when we borrowed the phrase from the OSL to put in
> the CDDL, the intent was to try to close the non-distribution loophole
> (aka the App Server Gap ;-) ).  This was documented when the CDDL was
> submitted to OSI for approval.

Unfortunately, you borrowed only the beginning of the phrase. OSL reads
"made available as an application intended for use over a network...." None
of that qualifying and explaining wording was incorporated into CDDL. The
phrase "makes available" by itself carries none of that additional meaning.

/Larry 


> -----Original Message-----
> From: Danese Cooper [mailto:danese@gmail.com]
> Sent: Wednesday, March 14, 2007 10:07 PM
> To: Brian Behlendorf
> Cc: Matthew Flaschen; License Discuss
> Subject: Re: Followup on Exhibit B licences
> 
> I can verify that when we borrowed the phrase from the OSL to put in
> the CDDL, the intent was to try to close the non-distribution loophole
> (aka the App Server Gap ;-) ).  This was documented when the CDDL was
> submitted to OSI for approval.
> 
> Danese
> 
> On 3/14/07, Brian Behlendorf <brian@collab.net> wrote:
> > On Wed, 7 Mar 2007, Matthew Flaschen wrote:
> > > Timothy McIntyre wrote:
> > >>>
> > >> According to Sun's own explanation of the CDDL, "[w]herever software
> > >> distribution is mentioned, [we] added the phrase "or otherwise makes
> > >> available" to cover passive types of distribution, such as with
> ASPs."
> > >> This explanation is posted on their website at
> > >> http://www.sun.com/cddl/CDDL_why_details.html
> > >
> > > Thanks for posting that.  Interestingly, they don't mention it
> rationale
> > > in the CDDL FAQ for OpenSolaris
> > > (http://www.opensolaris.org/os/about/faq/licensing_faq/), which would
> be
> > > a pretty big omission since I think OpenSolaris is used quite often
> for
> > > network servers.  Perhaps they've turned away from that
> interpretation?
> >
> > I think we need someone from Sun, or otherwise involved in defining the
> > CDDL, to speak up on this point here, as it appears there is significant
> > diversity of opinion on it.
> >
> > Which brings up the further question - if I build a web site on
> > OpenSolaris, and deploy it publicly, am I making OpenSolaris "available"
> > to the outside world?  I would guess not - I'm making my web site
> > available, but to the outside world nothing distinguishes that web site
> > running on OpenSolaris from one running on FreeBSD.  If I enabled sshd?
> > With a guest sshd login?  Then, perhaps... yikes, talk about grey area!
> >
> >         Brian
> >
> >