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Re: The legality of cdrecord



John Halton <johnhalton@gmail.com> wrote:

> 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.

It is not!

> 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). 

Don't belive a site that publishes an incorrect FAQ for their own license.
Don't believe people who make inappropriate generalisations.
Don't believe people who do not discuss specific license problems.....

> 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.

It definitely does not as the CDDL explicitly allows to use CDDL code with
code under different licenses.

The GPL explicitely allows to use code under other licenses from GPL code.

OS distributors that asked their lawyers _do_ publish the original cdrtools.

Only laymen claim that there is a problem....

Jörg

-- 
 EMail:joerg@schily.isdn.cs.tu-berlin.de (home) Jörg Schilling D-13353 Berlin
       js@cs.tu-berlin.de                (uni)  
       schilling@fokus.fraunhofer.de     (work) Blog: http://schily.blogspot.com/
 URL:  http://cdrecord.berlios.de/old/private/ ftp://ftp.berlios.de/pub/schily



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