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Re: fresh review of: CDDL

On Fri, Sep 09, 2005 at 07:44:23AM +0000, MJ Ray wrote:
> Andrew Suffield <asuffield@debian.org> wrote:
> >                                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

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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