Subject: Re: Followup on Exhibit B licences
From: Timothy McIntyre <tmcintyre@terracottatech.com>
Date: Wed, 07 Mar 2007 09:18:09 -0800
Wed, 07 Mar 2007 09:18:09 -0800
My comments inline, below:

Lawrence Rosen wrote:
>
> Timothy McIntyre wrote:
>
> Wherever software distribution is mentioned in the license, we added 
> the phrase "or otherwise makes available," in order to cover passive 
> types of distribution, such as with ASPs.  This modification to the 
> MPL also appears in the CDDL.
>
>  
>
> I'm curious why you believe that the phrase "or otherwise makes 
> available" is sufficient to plug the ASP loophole and to require that 
> the source code of /internal/ modifications of licensed software must 
> be disclosed simply because the software is accessed over a network? 
> Is that phrase clearly defined in the CDDL? Or is there some commonly 
> understood meaning that is found in legal authorities? Your 
> interpretation may be surprising to Sun (who owns the CDDL) and its 
> customers, who probably do not expect that CDDL-licensed software is 
> subject to an ASP provision. Perhaps one of Sun's attorneys here can 
> clear this up.
>
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



-- 

____________________________________________________
Timothy McIntyre // Corporate Counsel
Terracotta // Open Source Clustering for Java

web: www.terracotta.org
tel: 415.738.4014
fax: 415.738.4099

This email incorporates Terracotta's confidentiality policy, which is online at http://www.terracottatech.com/emailconfidentiality.shtml



My comments inline, below:

Lawrence Rosen wrote:

Timothy McIntyre wrote:

Wherever software distribution is mentioned in the license, we added the phrase "or otherwise makes available," in order to cover passive types of distribution, such as with ASPs.  This modification to the MPL also appears in the CDDL.

 

I'm curious why you believe that the phrase "or otherwise makes available" is sufficient to plug the ASP loophole and to require that the source code of internal modifications of licensed software must be disclosed simply because the software is accessed over a network? Is that phrase clearly defined in the CDDL? Or is there some commonly understood meaning that is found in legal authorities? Your interpretation may be surprising to Sun (who owns the CDDL) and its customers, who probably do not expect that CDDL-licensed software is subject to an ASP provision. Perhaps one of Sun's attorneys here can clear this up.

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



-- 

____________________________________________________
Timothy McIntyre // Corporate Counsel
Terracotta // Open Source Clustering for Java

web: www.terracotta.org
tel: 415.738.4014
fax: 415.738.4099

This email incorporates Terracotta's confidentiality policy, which is online at http://www.terracottatech.com/emailconfidentiality.shtml