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Re: discussion with the FSF: GPLv3, GFDL, Nexenta

On Tue, 22 May 2007, Sam Hocevar wrote:
>     3. Nexenta: Despite their incompatibility, Debian accepts both the
>  CDDL and GPLv2 as valid free software licences and would welcome any
>  solution to the distribution of a Debian system based on OpenSolaris.

This is not the case, unfortunatly, and it really would be wise in the
future to consult with people who are familiar with the arguments
surrounding such licenses before expressing Debian's opinion to the

The CDDL's clause 9 is very much not appropriate for works in main,
and to the best of my knowledge, works licensed solely under the CDDL
have never been accepted in main.[1]

To underline, the following clauses in the CDDL are problematic:


   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
   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.

It's not appropriate for a Free Software license to require users of
software to give up rights that they would normaly have in their own

Don Armstrong

1: http://lists.debian.org/debian-legal/2005/09/msg00026.html
"A one-question geek test. If you get the joke, you're a geek: Seen on
a California license plate on a VW Beetle: 'FEATURE'..."
 -- Joshua D. Wachs - Natural Intelligence, Inc.

http://www.donarmstrong.com              http://rzlab.ucr.edu

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