[Fwd: Re: [osol-discuss] Debian with OpenSolaris: a broken dream]
Some days ago I asked about the viability the idea of creating a new
architecture of Debian using the OpenSolaris stack.
I got a reply complaining and pointing out some problems about the
CDDL license, which I understood like a CDDL rejection from Debian.
Now, I have got this message, so I'm wondering again if the CDDL
license meets with the DFSG.
I need some clarification. What is the official position of Debian
about this license?
PS: I'm attaching the CDDL license: http://www.sun.com/cddl/
COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)
* 1. Definitions.
* 1.1. "Contributor" means each individual or entity that creates
or contributes to the creation of Modifications.
* 1.2. "Contributor Version" means the combination of the Original
Software, prior Modifications used by a Contributor (if any), and
the Modifications made by that particular Contributor.
* 1.3. "Covered Software" means (a) the Original Software, or (b)
Modifications, or (c) the combination of files containing
Original Software with files containing Modifications, in each
case including portions thereof.
* 1.4. "Executable" means the Covered Software in any form other
than Source Code.
* 1.5. "Initial Developer" means the individual or entity that
first makes Original Software available under this License.
* 1.6. "Larger Work" means a work which combines Covered Software
or portions thereof with code not governed by the terms of this
* 1.7. "License" means this document.
* 1.8. "Licensable" means having the right to grant, to the maximum
extent possible, whether at the time of the initial grant or
subsequently acquired, any and all of the rights conveyed herein.
* 1.9. "Modifications" means the Source Code and Executable form of
any of the following:
* A. Any file that results from an addition to, deletion from
or modification of the contents of a file containing
Original Software or previous Modifications;
* B. Any new file that contains any part of the Original
Software or previous Modification; or
* C. Any new file that is contributed or otherwise made
available under the terms of this License.
* 1.10. "Original Software" means the Source Code and Executable
form of computer software code that is originally released under
* 1.11. "Patent Claims" means any patent claim(s), now owned or
hereafter acquired, including without limitation, method,
process, and apparatus claims, in any patent Licensable by
* 1.12. "Source Code" means (a) the common form of computer
software code in which modifications are made and (b) associated
documentation included in or with such code.
* 1.13. "You" (or "Your") means an individual or a legal entity
exercising rights under, and complying with all of the terms of,
this License. For legal entities, "You" includes any entity which
controls, is controlled by, or is under common control with You.
For purposes of this definition, "control" means (a) the power,
direct or indirect, to cause the direction or management of such
entity, whether by contract or otherwise, or (b) ownership of
more than fifty percent (50%) of the outstanding shares or
beneficial ownership of such entity.
* 2. License Grants.
* 2.1. The Initial Developer Grant.
Conditioned upon Your compliance with Section 3.1 below and
subject to third party intellectual property claims, the Initial
Developer hereby grants You a world-wide, royalty-free,
* (a) under intellectual property rights (other than patent or
trademark) Licensable by Initial Developer, to use,
reproduce, modify, display, perform, sublicense and
distribute the Original Software (or portions thereof), with
or without Modifications, and/or as part of a Larger Work;
* (b) under Patent Claims infringed by the making, using or
selling of Original Software, to make, have made, use,
practice, sell, and offer for sale, and/or otherwise dispose
of the Original Software (or portions thereof).
* (c) The licenses granted in Sections 2.1(a) and (b) are
effective on the date Initial Developer first distributes or
otherwise makes the Original Software available to a third
party under the terms of this License.
* (d) Notwithstanding Section 2.1(b) above, no patent license
is granted: (1) for code that You delete from the Original
Software, or (2) for infringements caused by: (i) the
modification of the Original Software, or (ii) the
combination of the Original Software with other software or
* 2.2. Contributor Grant.
Conditioned upon Your compliance with Section 3.1 below and
subject to third party intellectual property claims, each
Contributor hereby grants You a world-wide, royalty-free,
* (a) under intellectual property rights (other than patent or
trademark) Licensable by Contributor to use, reproduce,
modify, display, perform, sublicense and distribute the
Modifications created by such Contributor (or portions
thereof), either on an unmodified basis, with other
Modifications, as Covered Software and/or as part of a
Larger Work; and
* (b) under Patent Claims infringed by the making, using, or
selling of Modifications made by that Contributor either
alone and/or in combination with its Contributor Version (or
portions of such combination), to make, use, sell, offer for
sale, have made, and/or otherwise dispose of:
(1) Modifications made by that Contributor (or portions
thereof); and (2) the combination of Modifications made by
that Contributor with its Contributor Version (or portions
of such combination).
* (c) The licenses granted in Sections 2.2(a) and 2.2(b) are
effective on the date Contributor first distributes or
otherwise makes the Modifications available to a third
* (d) Notwithstanding Section 2.2(b) above, no patent license
is granted: (1) for any code that Contributor has deleted
from the Contributor Version; (2) for infringements caused
by: (i) third party modifications of Contributor Version, or
(ii) the combination of Modifications made by that
Contributor with other software (except as part of the
Contributor Version) or other devices; or (3) under Patent
Claims infringed by Covered Software in the absence of
Modifications made by that Contributor.
* 3. Distribution Obligations.
* 3.1. Availability of Source Code.
Any Covered Software that You distribute or otherwise make
available in Executable form must also be made available in
Source Code form and that Source Code form must be distributed
only under the terms of this License. You must include a copy of
this License with every copy of the Source Code form of the
Covered Software You distribute or otherwise make available. You
must inform recipients of any such Covered Software in Executable
form as to how they can obtain such Covered Software in Source
Code form in a reasonable manner on or through a medium
customarily used for software exchange.
* 3.2. Modifications.
The Modifications that You create or to which You contribute are
governed by the terms of this License. You represent that You
believe Your Modifications are Your original creation(s) and/or
You have sufficient rights to grant the rights conveyed by this
* 3.3. Required Notices.
You must include a notice in each of Your Modifications that
identifies You as the Contributor of the Modification. 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.
* 3.4. Application of Additional Terms.
You may not offer or impose any terms on any Covered Software in
Source Code form that alters or restricts the applicable version
of this License or the recipients' rights hereunder. You may
choose to offer, and to charge a fee for, warranty, support,
indemnity or liability obligations to one or more recipients of
Covered Software. However, you may do so only on Your own behalf,
and not on behalf of the Initial Developer or any Contributor.
You must make it absolutely clear that any such warranty,
support, indemnity or liability obligation is offered by You
alone, and 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.
* 3.5. Distribution of Executable Versions.
You may distribute the Executable form of the Covered Software
under the terms of this License or under the terms of a license
of Your choice, which may contain terms different from this
License, provided that You are in compliance with the terms of
this License and that the license for the Executable form does
not attempt to limit or alter the recipient's rights in the
Source Code form from the rights set forth in this License. If
You distribute the Covered Software in Executable form under a
different license, You must make it absolutely clear that any
terms which differ from this License are offered by You alone,
not by the Initial Developer or Contributor. 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 any such terms You offer.
* 3.6. Larger Works.
You may create a Larger Work by combining Covered Software with
other code not governed by the terms of this License and
distribute the Larger Work as a single product. In such a case,
You must make sure the requirements of this License are fulfilled
for the Covered Software.
* 4. Versions of the License.
* 4.1. New Versions.
Sun Microsystems, Inc. is the initial license steward and may
publish revised and/or new versions of this License from time to
time. Each version will be given a distinguishing version number.
Except as provided in Section 4.3, no one other than the license
steward has the right to modify this License.
* 4.2. Effect of New Versions.
You may always continue to use, distribute or otherwise make the
Covered Software available under the terms of the version of the
License under which You originally received the Covered Software.
If the Initial Developer includes a notice in the Original
Software prohibiting it from being distributed or otherwise made
available under any subsequent version of the License, You must
distribute and make the Covered Software available under the
terms of the version of the License under which You originally
received the Covered Software. Otherwise, You may also choose to
use, distribute or otherwise make the Covered Software available
under the terms of any subsequent version of the License
published by the license steward.
* 4.3. Modified Versions.
When You are an Initial Developer and You want to create a new
license for Your Original Software, You may create and use a
modified version of this License if You: (a) rename the license
and remove any references to the name of the license steward
(except to note that the license differs from this License); and
(b) otherwise make it clear that the license contains terms which
differ from this License.
* 5. DISCLAIMER OF WARRANTY.
COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF
DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED
SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE DEFECTIVE IN
ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR)
ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS
DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.
NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER
* 6. TERMINATION.
* 6.1. This License and the rights granted hereunder will terminate
automatically if You fail to comply with terms herein and fail to
cure such breach within 30 days of becoming aware of the breach.
Provisions which, by their nature, must remain in effect beyond
the termination of this License shall survive.
* 6.2. If You assert a patent infringement claim (excluding
declaratory judgment actions) against Initial Developer or a
Contributor (the Initial Developer or Contributor against whom
You assert such claim is referred to as "Participant") alleging
that the Participant Software (meaning the Contributor Version
where the Participant is a Contributor or the Original Software
where the Participant is the Initial Developer) directly or
indirectly infringes any patent, then any and all rights granted
directly or indirectly to You by such Participant, the Initial
Developer (if the Initial Developer is not the Participant) and
all Contributors under Sections 2.1 and/or 2.2 of this License
shall, upon 60 days notice from Participant terminate
prospectively and automatically at the expiration of such 60 day
notice period, unless if within such 60 day period You withdraw
Your claim with respect to the Participant Software against such
Participant either unilaterally or pursuant to a written
agreement with Participant.
* 6.3. In the event of termination under Sections 6.1 or 6.2 above,
all end user licenses that have been validly granted by You or
any distributor hereunder prior to termination (excluding
licenses granted to You by any distributor) shall survive
* 7. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED
SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY
PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST
PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN
IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH
DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR
DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE
EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
* 8. U.S. GOVERNMENT END USERS.
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. S: 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. This U.S. Government Rights clause is in lieu
of, and supersedes, any other FAR, DFAR, or other clause or provision
that addresses Government rights in computer software under this
* 9. MISCELLANEOUS.
This License represents the complete agreement concerning subject
matter hereof. If any provision of this License is held to be
unenforceable, such provision shall be reformed only to the extent
necessary to make it enforceable. This License shall be governed by
the law of the jurisdiction specified in a notice contained within the
Original Software (except to the extent applicable law, if any,
provides otherwise), excluding such jurisdiction's conflict-of-law
provisions. 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,
with the losing party responsible for costs, including, without
limitation, court costs and reasonable attorneys' fees and expenses.
The application of the United Nations Convention on Contracts for the
International Sale of Goods is expressly excluded. Any law or
regulation which provides that the language of a contract shall be
construed against the drafter shall not apply to this License. You
agree that You alone are responsible for compliance with the United
States export administration regulations (and the export control laws
and regulation of any other countries) when You use, distribute or
otherwise make available any Covered Software.
* 10. RESPONSIBILITY FOR CLAIMS.
As between Initial Developer and the Contributors, each party is
responsible for claims and damages arising, directly or indirectly,
out of its utilization of rights under this License and You agree to
work with Initial Developer and Contributors to distribute such
responsibility on an equitable basis. Nothing herein is intended or
shall be deemed to constitute any admission of liability.
--- Begin Message ---
Shawn Walker <firstname.lastname@example.org> wrote:
> On 7/22/05, Alvaro Lopez Ortega <email@example.com> wrote:
> > The biggest CDDL problem is that it includes a "choice-of-venue":
> > «The problem with choice of venue clauses is that anyone who accepts
> > the license must also accept the burden of defending themselves
> > against charges of license violation in a court which is likely to
> > have an implicit bias in favor of the copyright holder» ...
> Pardon if I'm wrong, but from the way I understand it: they fail to
> mention that the reverse is true without a choice-of-venue clause.
> Meaning that the person that has to defend themselves can that might
> be biased against the license holder. Either way, someone's going to
> be unhappy. I can't imagine that clause being put in there without
> good reason.
Correct: People who demand to forbid a "choice-of-venue", advocate
those people who like to sue the authors of free software and those
who like to violate the the Copyright or the license.
Don't trust single persons on the Debian mailing lists.....
Debian accepts the CDDL as a free license.
EMail:firstname.lastname@example.org (home) Jörg Schilling D-13353 Berlin
email@example.com (work) Blog: http://schily.blogspot.com/
URL: http://cdrecord.berlios.de/old/private/ ftp://ftp.berlios.de/pub/schily
--- End Message ---