Re: CDDL, OpenSolaris, Choice-of-venue and the star package ...
On Thu, Sep 08, 2005 at 03:10:56PM +0200, Joerg Jaspert wrote:
> Sven Luther schrieb:
> > Notice that we already accepted a CDDLed program in debian, namely the star
> > packages which comes with this clause :
Well, i installed the package in sid (star 1.5a60-2), and looked at
/usr/share/doc/star/copyright and it was indeed the CDDL version 1.
> > So, i wonder why it was accepted, if it was non-free. But maybe we just passed
> > it up silently and didn't notice ? Who was the ftp-master responsible for
> > letting this one enter the archive, and can he comment on this ?
> Please look up facts before you go this road.
Yeah, well, i did an apt-get install star and looked at the copyright file, so
i am not sure what facts i have to believe then.
> Took about ten seconds to find out it was GPL before upstream relicensed
> and debian maint just copied that.
Ah, ok, nice to know.
For your info, the upstream author claims that Debian has accepted the CDDL as
free, because the CDDLed star package has been accepted in debian.
So i wondered if that was a real thing, or if the licence change just slipped
in without anyone noticing, which may indeed be the case.
> Write a bug against the package if its non-free is your option now.
Well, i want first to know if we indeed consider the CDDL and its
choice-of-venue clause non-free, or not. And this is as good as any a place to
start this discussion, so i will attaach the full licence file here.
This package was debianized by Pawel Wiecek <email@example.com> on
Tue, 29 Jan 2002 12:10:43 +0100.
It was downloaded from ftp://ftp.berlios.de/pub/star/
Upstream Author: Joerg Schilling <firstname.lastname@example.org>
COMMON DEVELOPMENT AND DISTRIBUTION LICENSE Version 1.0
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
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 Modifications; 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 this License.
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
(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
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.
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 THIS
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 termination.
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. 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 License.
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
NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND
DISTRIBUTION LICENSE (CDDL)
For Covered Software in this distribution, this License shall
be governed by the laws of Germany (excluding conflict-of-law
Any litigation relating to this License shall be subject to the
jurisdiction and the courts of Berlin Germany, with venue lying
in Berlin Germany.