Re: CDDL, OpenSolaris, Choice-of-venue and the star package ...

[Henning Makholm <henning@makholm.net>]

Scripsit Thomas Bushnell BSG <tb@becket.net>
> Henning Makholm <henning@makholm.net> writes:

>> | The Covered Code is a "commercial item," as that term is defined in
>> | 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer

>> I have managed to find out what "C.F.R." means and to locate the text
>> of the referenced sections, completely without becoming wiser about
>> what that text is supposed to achieve (and whether a private party
>> *can* at all stipulate a different application of the U.S. federal
>> administration's _internal_ purchasing regulations than would
>> otherwise be used) ...

> CFR means the Code of Federal Regulations, which are implementing
> administrative rules (with the force of law) for statutes.

Yes, but the general context of Title 48 specifically is "these are
rules that federal agencies have to follow when they make purchases".
I cannot find anything in that particular title that purports to apply
directly to people who are not federal agencies or (possibly) have
signed contracts to do work on behalf of the federal government.

> The private party *can* make this stipulation, but only because the
> internal purchasing regulations *grant* that right to private
> parties.

As I said, I have looked up the text of all the sections cited, and
none of them appear to contain any language that grants a private
party the right to make such stpulations.

> Also, CFR is not just internal purchasing regulations;

48 CFR is, as far as I can tell. See sections 1.101, 1.104, 2.101
"Acquisition".

-- 
Henning Makholm       "`Update' isn't a bad word; in the right setting it is
                 useful. In the wrong setting, though, it is destructive..."