On Fri, Sep 09, 2005 at 07:44:23AM +0000, MJ Ray wrote: > Andrew Suffield <asuffield@debian.org> wrote: > > **** COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) > > Version 1.0 **** > > * 1. Definitions. > >[...] o 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. > By the way, this (b) seems an unusual definition of control. When > I've seen this defined for cybercrime, it's usually the executive > directors, not the majority shareholder too. I don't think it has > clear implications for meeting DFSG, but it smells odd. Is it > usual in the US to class all companies someone owns more than half > of as an extension of that person? Well, it at least seems to be fairly common in the case of contracts that Sun is a party to, such as the one they executed with Microsoft in their settlement over OpenOffice. :P The intent here is to avoid a party to this license spinning choice assets off into a corporation for the express purpose of playing shell games and screwing the licensor in the event of license termination. I don't see any particular reason that this clause should be a DFSG problem. -- Steve Langasek Give me a lever long enough and a Free OS Debian Developer to set it on, and I can move the world. vorlon@debian.org http://www.debian.org/
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