Re: The legality of cdrecord

[John Halton <johnhalton@gmail.com>]

On Tue, Nov 06, 2007 at 08:38:39PM +0100, Joerg Schilling wrote:
> mkisofs is GPL but uses CDDL library code. This is intentionally
> allowed by the GPL as the GPL is a highly asymmetric license. The
> GPL forbids GPL code to appear inside non-GPL project, but it allows
> non-GPL code to appear in GPL projects.
>  
> No non-GPL source is based on or derived from GPL code.

I think the question is not whether there is an infringement of the
GPL, but whether there is an infringement of the CDDL.

According to the FSF, the CDDL is incompatible with the GPL because of
the notice provisions and patent retaliation clause (6.2) in the CDDL
(http://www.gnu.org/licenses/license-list.html). 

If CDDL-licensed code is included in a GPL program, then this will
breach the CDDL, which requires modifications to be licensed under the
CDDL. But if the CDDL licence is used, then this will conflict with
the GPL.

So the question is whether the "CDDL library code" in mkisofs is being
used in such a way that it should in fact be licensed under the CDDL.
If so, then by my reading that is a breach of the CDDL, not of the
GPL.

John

(IAAL, but TINLA)