Re: CDDL

[Henning Makholm <henning@makholm.net>]

Scripsit Andrew Suffield <asuffield@debian.org>

>           o 3.2. Modifications.
>             The Modifications that You create or to which You
>             contribute are governed by the terms of this License.

I think this is sloppy language - the licensor cannot unilaterally
make his license apply to code produced by the licensee; he can only
demand that the licensee does so - but I don't see it as a showstoppper.

>           o 3.3. Required Notices.
>             You must include a notice in each of Your Modifications
>             that identifies You as the Contributor of the
>             Modification.

Dissident problem here. Anonymous contributions should be allowed.

>             You may not remove or alter any copyright, patent or
>             trademark notices contained within the Covered Software,
>             or any notices of licensing or any descriptive text
>             giving attribution to any Contributor or the Initial
>             Developer.

This makes me feel slightly uneasy. It seems to say that even if I
remove all code contributed by somebody, I still have to keep their
copyright notices and attribution.

>             You hereby agree to indemnify the Initial Developer and
>             every Contributor for any liability incurred by the
>             Initial Developer or such Contributor as a result of
>             warranty, support, indemnity or liability terms You
>             offer.

Yet Another Obnoxious Indemnification Clause. Can be free only under
the theory that it is a legal no-op in all relevant jurisdictions.

>       The Covered Software is a "commercial item," as that term is
>       defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of
>       "commercial computer software" (as that term is defined at 48
>       C.F.R. ? 252.227-7014(a)(1)) and "commercial computer software
>       documentation" as such terms are used in 48 C.F.R. 12.212
>       (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48
>       C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all
>       U.S. Government End Users acquire Covered Software with only
>       those rights set forth herein.

All mimsy were the borogoves, and the mome raths outgrabe.

>       Any litigation relating to this License shall be subject to
>       the jurisdiction of the courts located in the jurisdiction and
>       venue specified in a notice contained within the Original
>       Software,

A choice-of-venue clause. See ongoing discussion; renders the software
non-free in my opinion.

>       The application of the United Nations Convention on Contracts
>       for the International Sale of Goods is expressly excluded.

O frabjous day! Callooh! Callay!

>       Any law or regulation which provides that the language of a
>       contract shall be construed against the drafter shall not
>       apply to this License.

Most probably a no-op.

-- 
Henning Makholm             "Jeg forstår mig på at anvende sådanne midler på
                           folks legemer, at jeg kan varme eller afkøle dem,
                    som jeg vil, og få dem til at kaste op, hvis det er det,
                  jeg vil, eller give afføring og meget andet af den slags."