> 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 > > > >