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Sun Submits New License for Open Source Approval

Wannabe Code Monkey writes "Sun has submitted their Common Development and Distribution License to the Open Source Initiative for approval as an Open Source license. It appears that this license is what Sun plans to release Solaris under according to an article at news.com.com.com. Of particular note is: 'The CDDL is not expected to be compatible with the GPL, since it contains requirements that are not in the GPL,' Claire Giordano of Sun's CDDL team said in its submission."

218 comments

  1. ns by Anonymous Coward · · Score: 2, Funny

    news.com.com.com? are you sure it isn't news.com.com.com.com.com.com.com.com.com.com.com.c om.com.com.com.com.com?

    1. Re:ns by mav[LAG] · · Score: 1

      are you sure it isn't news.com.com.com.com.com.com.com.com.com.com.com.c om.com.com.com.com.com?

      Nope - you can't have spaces in domain names.

      --
      --- Hot Shot City is particularly good.
    2. Re:ns by Fjornir · · Score: 1
      --
      I want a new world. I think this one is broken.
    3. Re:ns by rtaylor · · Score: 1

      You're all confused. It goes like this:

      SPAM, SPAM, SPAM, egg, and SPAM?
      Are you sure it isn't SPAM, SPAM, SPAM, SPAM, SPAM, SPAM, baked beans, SPAM, SPAM, SPAM, and SPAM?

      --
      Rod Taylor
    4. Re:ns by Espectr0 · · Score: 1

      Wikipedia itself appears to be immune to page widening.

      Ironic how that wikipedia article does indeed get widened, tested on safari and firefox

    5. Re:ns by Anonymous Coward · · Score: 0

      And I quote from that link:

      "Wikipedia itself appears to be affected to page widening, at least on the Safari and Mozilla web browsers."

      You didn't need to test anything. They told you as much. Unless you modded the entry, the kudos to you.

    6. Re:ns by Ianoo · · Score: 1

      Fairly obviously the article changed between him posting and you reading. It definitely said "unaffected" earlier.

    7. Re:ns by GooTi · · Score: 1

      Easily handled with Opera's MSR (Medium Screen Rendering) :-)

  2. first post? by Nalez · · Score: 4, Interesting

    I am glad to see sun going in to an open source direction, but how long will it last this time?

    When Solaris 8 source was released, it was not exaclty open source, and did not last long at all.

    1. Re:first post? by canuck57 · · Score: 3, Insightful

      I am glad to see sun going in to an open source direction, but how long will it last this time?

      When Solaris 8 source was released, it was not exaclty open source, and did not last long at all.

      Part of the problem is also the compiler. I think it was a big mistake when UNIX vendors unbundled the compiler from their distributions. Half of the Linux success is based on having a fully configured development environment right out of the box.

      Some how I don't think Solaris 10 compiles with gcc and since most coding I do today is hobbiest, I don't have $3,000 in the budget for a needed commercial compiler. Although I do like Solaris very much, this is my reason for liking BSD and Linux even more.

    2. Re:first post? by miu · · Score: 3, Informative
      I don't understand why you were 'offtopic' on that, but whatever.

      I agree that Sun is schizophrenic wrt open source - one minute they love it, the next it is stealing jobs or doomed to fail or whatever. Also, I remember to get ahold of the solaris 8 source you had to sign a contract and couldn't do anything other than look at the code - no local changes, certainly no distribution or discussion with anyone (even within my company) who had not signed the contract. I wound checking their libc source a couple times to verify 2.6/2.8 compatibility of some software and that is about it. That license made it nearly useless.

      --

      [Set Cain on fire and steal his lute.]
    3. Re:first post? by Anonymous Coward · · Score: 0

      You have to realize that sun is a large company and each division probably has its own view of Open Source. Companies aren't hive minds with one conscensus opinion.

    4. Re:first post? by miu · · Score: 2, Insightful

      I realize completely that no large company is a 'hive mind', but usually they do have marketing and legal departments that present a somewhat unified company face to the world and Sun doesn't seem to do that. It could be because they are still an engineering company (kinda), which means their execs mistakenly believe they are engineers and don't really realize that their public statements are viewed as company policy, who knows - I've seen plenty of smart people move to management and middle management and become complete morons within 6 months, maybe it happens with execs too.

      --

      [Set Cain on fire and steal his lute.]
    5. Re:first post? by Anonymous Coward · · Score: 0
      I agree that Sun is schizophrenic wrt open source

      Sun or Schwartz?
    6. Re:first post? by Anonymous Coward · · Score: 3, Informative

      > Some how I don't think Solaris 10 compiles with gcc


      Actually, the 64 bit kernel and libraries for Solaris 10 AMD64 are compiled with a modified version of gcc3.4.3 - which is shipped with Solaris 10 (on both sparc and x86).


      - Bart

    7. Re:first post? by Anonymous Coward · · Score: 1, Interesting
      Some how I don't think Solaris 10 compiles with gcc

      Well... subtle hint. Can you think of a reason for this? And yes, Alan does know what he's talking about...

    8. Re:first post? by Anonymous Coward · · Score: 0

      Obviously then you never read the license from Sun or you are just a stupid troll. I read mine for Solaris 8 and it granted me redistribution rights for binaries just not source. I could change Solaris 8 all I wanted but could not remove Sun's copyrights and couild only redistribute binaries.

    9. Re:first post? by miu · · Score: 1

      Wish I'd bothered to keep a copy of that license around, but the one I had certainly did not give you any redistribution rights (binary or source) - this was made very clear by the license. They may have changed it at some point or you might just be trolling yourself.

      --

      [Set Cain on fire and steal his lute.]
    10. Re:first post? by __aafkqj3628 · · Score: 1

      You weren't even allowed to tell people about the source as I can remember.

      Basically, you could look at it and get that feeling of disappointment that you signed your rights away just to look.

  3. Why should they? by tuxlove · · Score: 5, Insightful

    The implication here is that there's something bad about them not wanting to GPL their source. Why should they? Simply making it open source of some kind seems good enough. That way we get to see it and potentially modify it for our own benefit. Not having read their proposed license, I'm assuming it won't allow anyone to resell the code. And why should they? It's their family jewels, and I see no reason they should allow competitors to take it and run.

    1. Re:Why should they? by RLiegh · · Score: 4, Insightful

      What is bad is the additional restrictions. And if you cannot freely reditribute your modifications to others, I -for one- question how "open" such source is.

      I mean, microsoft's "shared source" is "open source of some sort", but the restrictions on that license make it essentially worthless.

    2. Re:Why should they? by leoval · · Score: 2

      I agree with the premise of your comment, however if that were the only reason to go for a different type of lincese, then why go bother going open source at all ? Perhaps someone with a better insight into the company can tell us what Sun is really trying to do.

    3. Re:Why should they? by bersl2 · · Score: 1

      What is bad is the additional restrictions. And if you cannot freely reditribute your modifications to others, I -for one- question how "open" such source is.

      Isn't that one of the argument points between "Open Source" and "Free"?

    4. Re:Why should they? by deathazre · · Score: 1

      IANAL, but I don't see anything in the license that would prohibit freely redistributing your modifications.

      --
      Karma: Negative (Mostly affected by dorm trolling)
    5. Re:Why should they? by jonbryce · · Score: 4, Interesting

      From what I read of it, you can distribute modified versions, but the must be under the same licence, much like what the GPL requires.

      The main difference from what I see is that if you claim that the software infringes one of your patents, you lose you rights to use or distribute the software unless you agree to pay royalties to the author of the software. That sounds like a good thing to me.

    6. Re:Why should they? by Anonymous Coward · · Score: 1, Interesting

      Fair enough .. they won't let others sell it.

      But then .. why should anyone contribute if Sun is going to make all the profits??

      Sun is not a charity, but neither am I.

      And yes Linux distributors pay to develop parts of Linux .. example IBM, Red Hat and other companies fund development of linux.

    7. Re:Why should they? by some_schmuck · · Score: 5, Funny
      And why should they? It's their family jewels...

      Man, I sure hope you meant crown jewels ....

    8. Re:Why should they? by Anonymous Coward · · Score: 0

      This may be nitpicking but i noticed the license says "world-wide" .. well umm what about usage on space probes etc? Will that not be covered? They should have said "universal" instead or something.

      I'm not kidding.

    9. Re:Why should they? by PigleT · · Score: 3, Insightful

      The only "additional restrictions" I can see are that the license includes talk about patents. I can't say that's altogether appealing.

      > And if you cannot freely reditribute your modifications to others, I -for one- question how "open" such source is.

      What has this to do with the CDDL at http://www.sun.com/cddl/cddl.html ? Perhaps you should actually read it, especially section 2.2a.

      You don't have to question how open it is, go check the OSD at http://www.opensource.org/docs/definition.php.

      --
      ~Tim
      --
      .|` Clouds cross the black moonlight,
      Rushing on down to the circle of the turn
    10. Re:Why should they? by Anonymous Coward · · Score: 3, Insightful

      Perhaps someone with a better insight into the company can tell us what Sun is really trying to do

      My best guess: they want to have their cake and eat it too, by attempting to connive people into contributing to their effectively proprietary codebase. They also certainly want to eliminate the possibility that features that distinguish Sun's OS, like their new filesystem, don't end up in Linux. Could they be enticing the BSD kernels to absorb them?

      What happens if Sun's cool features (they do have some neat stuff) end up in a BSD? Then Sun has a commodity OS they could take proprietary a la Apple.

      As the owners of the code in question, Sun could release their code under multiple licenses, a la Trolltech. The GPL gives Trolltech the ability to make their code public, while retaining the ability to charge people who would like to make proprietary products. An excellent business model if you ask me.

      Sun's business plan? Your confusion about Sun's business strategy puts you in the company of pretty much everyone else on the planet. There's probably not a single analyst on Wall Street who could clearly articulate exactly what Sun is up to; no wonder they are nearly underwater. My guess is that they do have a plan, but they don't want to be too blatant about it, to avoid appearing like greedy opportunists.

    11. Re:Why should they? by andrel · · Score: 3, Insightful

      Sun would gain access to Linux's device drivers if they chose to use the GPL. MS Windows and Linux are the only kernels with extensive hardware support; if you can't piggyback on at least one of those two sets of drivers, there is a very large class of hardware you don't run on. Sun don't have the manpower to rewrite all those drivers.

      Given that Slowaris x86's biggest weakness is hardware support, yeah there is something bad about Sun not choosing the GPL. But it is bad for Sun and their users, not those of us already in the GNU/Linux camp.

    12. Re:Why should they? by Doomdark · · Score: 5, Insightful
      And if you cannot freely reditribute your modifications to others, I -for one- question how "open" such source is.

      D'oh. Did you read the summary? If Sun is submitting the license to folks who 'certify' Open Source licenses, they clearly have intention to get it through... which means that distributability does exist, similar to other approved licenses (Apache, GPL, BSD, MIT etc). Why would they otherwise waste their time, if it didn't look and smell like an actual Open Source license?

      Now, also keep in mind that many people consider GPL to NOT allow one to "freely distribute" modifications, since it does add restrictions under which distribution is allowed. At least if "freely" means in whatever shape or form. Most licenses (even Free and Open Source ones) restrict (re/sub-)licensing in some way.

      --
      I like paying taxes. With them I buy civilization -- Oliver Wendell Holmes
    13. Re:Why should they? by 0racle · · Score: 3, Interesting

      GPLv3 should also talk about patents, and the current Apache license already does. Do you find that just as unappealing, or are you just reaching for something to dislike about it.

      --
      "I use a Mac because I'm just better than you are."
    14. Re:Why should they? by Doomdark · · Score: 1

      Is that similar to Apache 2.0 license's patent clauses? Wonder why they don't just use ASL 2.0, if so.

      --
      I like paying taxes. With them I buy civilization -- Oliver Wendell Holmes
    15. Re:Why should they? by mukund · · Score: 1

      TThe Apache License fights patents with patents, whereas from the parent poster, I assume that they are using copyright to fight patents.

      The Apache License says that you can't use any patents (if they exist) which the Apache source code uses, if you sue them on patent infringement. You can still use the software if no patents are used.

      --
      Banu
    16. Re:Why should they? by billybob2 · · Score: 2, Interesting

      The fact that Sun does not want to allow a kick-ass hybrid Solaris/Linux to exist shows that they don't want to help the community build a free and powerful operating system that could easily take over the desktop market share from M$. Solaris could really get a boost from the hardware compatibility and user-friendliness that Linux offers, while Linux could also take advantage from Solaris's rock-hard internals. In my opinion this is just another half-hearted measure that won't attract any more developers to Solaris and that won't help Sun's decline into bancruptcy.

    17. Re:Why should they? by AusG4 · · Score: 4, Insightful

      Not really.

      Porting device drivers isn't just a recompile, of course. There is sufficient work involved in using the Linux device drivers with the Solaris kernel that the idea, even if considered by Sun, was never really a deciding factor.

      That said, Solaris 9's hardware support is, while not extensive as Linux, pretty good. People forget that most uses of Solaris are obviously in the server space, and in systems like I that I don't usually use the crappy "local computer store" hardware that Linux so ably supports. When you consider what you already want to build your server with given the application, Solaris tends to support that hardware fairly well.

      We just built a dual opteron server with a SCSI RAID controller.. all fairly new and bleeding edge hardware. Solaris 9 installs just fine and supports all the hardware properly.

      That said, do I really care that it doesn't support the $35 AC97 based sound card I have in a box somewhere in my storage closet?

      No... and neither do the vast majority of Solaris users.

      --
      bash-3.00$ uname -a
      SunOS panda 5.10 Generic sun4u sparc SUNW,Ultra-2
    18. Re:Why should they? by Anonymous Coward · · Score: 0

      The implication here is that there's something bad about them not wanting to GPL their source.

      There is something bad about them not using a GPL-compatible license. It's basically impossible to combine GPL source and their source in the same application.

      Why should they?

      Waitasec... just because it's not the best possible solution from our perspective, it doesn't mean we automatically think they are bad people for not doing what we want.

    19. Re:Why should they? by zerblat · · Score: 2, Informative

      Nope. There is no real difference between Open Source Software and Free Software. The Open Source Definition is basically a fork of the Debian Free Software Guidelines. Sure, the OSS and FS people may have different views of why software should be free, and sometimes the OSI, FSF, Debian and other people differ on whether a particular license is free enough, but "Free Software" and "Open Source Software" are (more or less) synonymous.

      --
      Please alter my pants as fashion dictates.
    20. Re:Why should they? by andrel · · Score: 2, Informative

      As you say, the majority of Solaris users don't care. Those of us who do care about good support for cheap hardware have already left Sun and are using GNU/Linux. We're the reason that Sun has been hemorrhaging market share.

      Sun like to talk about how Solaris scales up to big iron. But scalability goes both ways. Linux has been so successful because it doesn't just scale up to the high end, it also scales down to the low end. At work we use Linux across our cheap old desktops, our beefy servers, and our 100 CPU compute cluster. Having the same OS everywhere is a major savings in admin and developer time. Sun can't compete, because they refuse to support the cheap hardware.

    21. Re:Why should they? by Pros_n_Cons · · Score: 1

      I didn't read the legal speak and admittingly couldn't understand it if I did. But if I can't download the source, recompile it and sell it as qwertyx 11 then I'll stick with the GPL or more specifically Sun's competition, Red Hat.

      If a company can just take my code and throw it into their router, not submitting changes then that is also grounds for my rejection of its use.
      Not saying this is the CDDL just that those two points are the main things I care about and any money or time I put in has to have those two things.

      --

      -- "of course thats just my opinion, I could be wrong." --Dennis Miller
    22. Re:Why should they? by Ralph+Yarro · · Score: 1
      The implication here is that there's something bad about them not wanting to GPL their source.

      Is there? Claire Giordano of Sun's CDDL team said , in the submission, that it was of particular note that the license is not expected to be compatible with the GPL, and you think she meant to imply there was something wrong with that? Doesn't seem too likely. If she thinks it's noteworthy then is it really unreasonable for other to comment on it too?

      I'm assuming it won't allow anyone to resell the code.

      From the open source definition:

      1. Free Redistribution

      The license shall not restrict any party from selling or giving away the software as a component of an aggregate software distribution containing programs from several different sources. The license shall not require a royalty or other fee for such sale.

      If their license doesn't even meet the first characteristic of the open source definition then it'd be a bit silly to submit it to the OSI for approval, now wouldn't it?
      --

      The real Ralph Yarro posts as Anonymous Coward. Anyone else is an impostor.
    23. Re:Why should they? by Ralph+Yarro · · Score: 1

      I mangles the quote from Sun's submission a bit:

      "The CDDL is not expected to be compatible with the GPL, since it contains requirements that are not in the GPL"

      The point remains, they think it's worth commenting on. Why shouldn't others?

      --

      The real Ralph Yarro posts as Anonymous Coward. Anyone else is an impostor.
    24. Re:Why should they? by Anonymous Coward · · Score: 0

      I was had this additional knee-jerk musing...

      There's will soon be new GPL in town. Depending on how it's written, we might find that in the end, Sun's license is compatible with the GPL. I don't have the patience right now to pick through this stuff, but if the only hang up is that Sun's license places additional restrictions on patent holders, and the new GPL supports such clauses, then the incompatibility will disappear. That would be interesting.

      So far, it seems Sun achieves more than one objective with this move. They protect themselves against predatory patent holders who would like to use their code. They get their technologies into the mainstream. They may acquire free assistance maintaining, extending, debugging, and porting their code. They play the "open source" marketing card, to attract slashdot geeks and their ilk.

      I'll always be a cynic when it comes to publically traded corporations, but all told, it seems this would amount to progress in a good direction. Sun's FOSS aspirations may be very spastic, but that's better than nothing; and is probably simply indicative of internal debates and power struggles. If one point of view or the other ever prevails vis-a-vis pushing Sun product out the door (e.g. open-sourcing software demonstrably helps Sun move hardware), then those folks will presumably begin to hold the upper hand w/ regards to internal politicking.

      Why do I waste time trying to decipher these enigmas? I have important work to do; my Monk just got a blessed fireproof Staff of Aesculapius, so I need to go kick some ass..

    25. Re:Why should they? by Anonymous Coward · · Score: 0

      And if you cannot freely reditribute your modifications to others, I -for one- question how "open" such source is.

      If you are FORCED to redistribute your modifications to others, I question how "open" the source is.

      *COUGH*gplsucks*COUGH*

    26. Re:Why should they? by Ralph+Yarro · · Score: 1

      They also certainly want to eliminate the possibility that features that distinguish Sun's OS, like their new filesystem, don't end up in Linux. Could they be enticing the BSD kernels to absorb them?

      If their license was compatible with the BSDL then it would be compatible with the GPL too.

      --

      The real Ralph Yarro posts as Anonymous Coward. Anyone else is an impostor.
    27. Re:Why should they? by Anonymous Coward · · Score: 0

      Good for you, but the more typical Linux deployment is on fairly stock Intel server hardware, which Solaris supports just as well as Linux.

    28. Re:Why should they? by Russ+Nelson · · Score: 1

      Indeed, yes.
      -russ

      --
      Don't piss off The Angry Economist
    29. Re:Why should they? by Ralph+Yarro · · Score: 1
      There's will soon be new GPL in town. Depending on how it's written, we might find that in the end, Sun's license is compatible with the GPL. I don't have the patience right now to pick through this stuff, but if the only hang up is that Sun's license places additional restrictions on patent holders, and the new GPL supports such clauses, then the incompatibility will disappear.

      From the CDDL:

      3.1. Availability of Source Code.

      Any Covered Software that You distribute or otherwise make available in Executable form must also be made available in Source Code form and that Source Code form must be distributed only under the terms of this License. You must include a copy of this License with every copy of the Source Code form of the Covered Software You distribute or otherwise make available. You must inform recipients of any such Covered Software in Executable form as to how they can obtain such Covered Software in Source Code form in a reasonable manner on or through a medium customarily used for software exchange.

      That is incompatible with the GPL. I'm not saying that the incompatibility is good, bad or indifferent. Copyleft licenses tend to be incompatible with one another; this is a typical example of that.
      --

      The real Ralph Yarro posts as Anonymous Coward. Anyone else is an impostor.
    30. Re:Why should they? by Russ+Nelson · · Score: 2, Informative

      Nobody forces you to redistribute your modifications, just as nobody forces you to use the code. If, on the other hand, you *choose* to use GPLed code, then you have to pay for that right by giving up the right to keep your code a secret.
      -russ

      --
      Don't piss off The Angry Economist
    31. Re:Why should they? by OrangeTide · · Score: 2

      Basically if you make your software Open Source, a bunch of nuts will complain that it's not Free Software. I bet if it was Free Software some other group would complain about something else. I would take the complaints of a radical minority with a grain of salt.

      --
      “Common sense is not so common.” — Voltaire
    32. Re:Why should they? by RLiegh · · Score: 1

      So stick to a BSD style license then. Then if you want to distribute it, you can, if you want to horde it, you can.

      At least with either license, you're free to hand out any changes you may have made to the source code.

    33. Re:Why should they? by calidoscope · · Score: 1
      What is bad is the additional restrictions. And if you cannot freely reditribute your modifications to others, I -for one- question how "open" such source is.

      What's to prevent you from distributing a set of patches? After all, that's basically how BSD got started - before 4.4BSD, you needed an AT&T license to legally run BSD.

      Sun's move follows what RMS wanted from "free software" before the advent of the GPL - the ability to go in and fix broken code.

      OTOH, it probably would be a bad idea for Linux or *BSD kernel developers to peruse through the code unless they thoroughly document what code they've seen (and even then...).

      --
      A Shadeless room is a brighter room.
    34. Re:Why should they? by Anders+Andersson · · Score: 1
      This may be nitpicking but i noticed the license says "world-wide" .. well umm what about usage on space probes etc?

      I believe that as long as that space probe is owned and operated by some entity on Earth, that entity is the licensee and the license will be interpreted in the jurisdiction of said entity. It doesn't matter whether the code sits in a computer on the ground, on a ship at sea, in an airplane, in Earth orbit, in interplanetary space, or in interstellar space (though you may want to study any export regulations applied by your government before you put that probe within reach of an alien civilization).

      You may have a point when our Martian colony decides to cut ties with Earth and declare independency; will they still be part of the "world" then?

      Extending the license to deal also with alien licensees will be a task for the license steward when creating a new version of the CDDL. At the same time, we may also consider non-human intelligence here on Earth, before those monkeys trade their typewriters for P2P technology and begin distributing binaries without regard for any open source license at all.

    35. Re:Why should they? by shutdown+-p+now · · Score: 1

      CDDL is a copyleft license, so, yes, it is "free" (by RMS' definition of "free"). It just happens to be incompatible with GPL (much like I think MPL is).

    36. Re:Why should they? by superpulpsicle · · Score: 1, Insightful

      I think the entire Sparc line hardware has to go. Sun is wasting so much time with their own architecture. Why?!

      The next time someone brags about a sun box being able to pull RAM chips out while online, I am just going to say a cluster allows me to bring the whole thing down. Not to mention the sun hardware that allows me to pull RAM out probably cost $20,000.

    37. Re:Why should they? by Wiz · · Score: 1

      Then again, of course, Sun sell dual Opteron servers with RAID controllers. I'd be very surprised if Solaris didn't support them.

      Try running Solaris x86 on desktop machines, you'll find the hardware support drops off very rapdily. Then again, this often isn't a problem as Solaris is used as a server OS. Like you said, soundcard support for Solaris isn't a problem!

    38. Re:Why should they? by Anonymous Coward · · Score: 0

      But then that will prevent Solaris from gaining widespread adoption. Remember that Linux does well in desktop _and_ server space. Solaris X86 hardware support, even with the Solaris 10 release is nothing but a joke. I have never had success booting it on recent laptop and desktop hardware. And even till the point where it hanged in the boot - it was DOG slow, i mean painfully slow. Solaris definitely needs hardware support on X86 - display, sound, USB gadgets etc. Otherwise there will be no real benefits to Solaris per se if it is to stay on Servers - it already does well there. (Dont know about X86 servers but atleast on SPARC.)

    39. Re:Why should they? by St.+Arbirix · · Score: 1

      In Microsoft's case, I don't think the biggest complaint is that people can't make modifications to the system's source code. It's more about not knowing what sort of things are provided by the system in the form of *complete* APIs and such.

      --
      Direct away from face when opening.
    40. Re:Why should they? by Ryan+Huddleston · · Score: 1

      You are not *forced* to redistribute your modifications to others. Keeping your modifications private is a very important part of the GPL licensing scheme.

      However, if you give your program to others, the others have a right to the source code, just as you did when you recieved the base work.

      Look into these things first, before disseminating misinformation.

    41. Re:Why should they? by Phragmen-Lindelof · · Score: 1

      "GPLv3 should also talk about patents"
      Has this (GPLv3) been released? (I have not been paying attention to the new GPL since I assume(d) a new release would be followed by lots of publicity.)
      If yes, then what does it say about patents?
      If no, then how do you know what it will say? Are you saying that if the new Sun license and the GPLv3 both include the word "patent", then they are "ethically" or "morally" equivalent?

    42. Re:Why should they? by sesquipedalian_one · · Score: 1

      This license allows you to fold files into larger projects with a different license. So I don't think it actually keeps stuff out of Linux, as long as you keep it in non-static libraries. That's a specific exception of GPL.

    43. Re:Why should they? by tuxlove · · Score: 1

      Is there? Claire Giordano of Sun's CDDL team said , in the submission, that it was of particular note that the license is not expected to be compatible with the GPL, and you think she meant to imply there was something wrong with that?

      I wasn't referring to her. I was referring to the slashbot who posted the article. I'm not sure this story is really newsworthy in the first place, but by choosing that statement out of many possible ones, I believe the poster is pushing the GPL agenda over Sun's. At the very least, the poster knows it will get attention here.

      From the open source definition:

      I don't really care what opensource.org says. I'm just stating what I think Sun will do. I could be wrong, of course. But I don't think Sun will feel obliged to go with someone else's definition of open source if it conflicts with their agenda. I don't think that Sun defines "open source" according to anyone's agenda other than their own. Else, I'm not sure why they would balk at using the GPL.

    44. Re:Why should they? by PigleT · · Score: 3, Interesting

      I prefer my licenses not to touch on the issues of patents; I really object to them talking about US crypto export regulations as well. These things are not license clauses in my view, they are extra legalities - see the clauses about "if parts of this license are unenforceable".

      There is copyright, there are licenses, there are patents, there are export laws. Let them all be separate, don't conflate them.

      But that's mostly my own taste, apart from this quote from opensource.org:
      Some countries, including the United States, have export restrictions for certain types of software. An OSD-conformant license may warn licensees of applicable restrictions and remind them that they are obliged to obey the law; however, it may not incorporate such restrictions itself.


      HTH,

      --
      ~Tim
      --
      .|` Clouds cross the black moonlight,
      Rushing on down to the circle of the turn
    45. Re:Why should they? by Billly+Gates · · Score: 1

      The BSD folks like to look at the linux drivers and check the hardware documentation. From there porting the drivers are not hard.

      I imagine the same with Solaris or BSD drivers being ported to it.

    46. Re:Why should they? by Anonymous Coward · · Score: 0

      The next time someone brags about a sun box being able to pull RAM chips out while online, I am just going to say a cluster allows me to bring the whole thing down.

      Not all apps scale horizontally so well.

    47. Re:Why should they? by Dunkirk · · Score: 1
      That said, do I really care that it doesn't support the $35 AC97 based sound card I have in a box somewhere in my storage closet?

      No... and neither do the vast majority of Solaris users.

      Ah, but if Sun cared about this, then the "majority of Solaris users" wouldn't be as small of a fraction of the total "computer users" in general, now would they?

      --
      Acts 17:28, "For in Him we live, and move, and have our being."
    48. Re:Why should they? by Piquan · · Score: 2, Informative

      I can't speak for bersl2, but I think you may have mistaken his point.

      When Stallman originated (ie, named) the Free Software movement in '84, he did it for political reasons. Later, ESR and others said that if people want this stuff to be accepted in corporate society, they need to focus on practical and not political ideals. Political statements make suits nervous. (If you were on slashdot, certain Usenet groups, etc in '98 or so, you saw the discussions.)

      One big sticking point was the name. "Free software" had two problems. First, ESR &co wanted to get away from the whole "Freedom!" issue, as I described.

      Second, it's too easy to think "free" as in "free beer", not "free speech". (I first saw that meme at about the same time, I think.) When people think "free" in that sense, they may think of the plethora of stuff on Tucows etc that cost $0, but have no source. Since source access, modification, and distribution are a big part of what this new movement was about, they didn't want the free-as-in-beer association to be part of the new name either.

      Hence, "open source" became the new term. So what bersl2 said has some merit: one big reason for coining the term "open source" is because ESR &co didn't want people to think that things like Spybot S&D were part of this new movement.

      From a practical point of view, yes, the two movements generally support the same set of software. The guidelines are similar. But the philosophies are different, and those that care about the philosophy (such as Stallman) distinguish between the two, sometimes more subtly than others.

      But the issue of unmodifiable source was one of the reasons that the name "Open Source" was formed: they wanted it, and felt that the term "free software" didn't emphasize that point enough.

    49. Re:Why should they? by AusG4 · · Score: 1

      My point was really that the "majority of Solaris" users are always going to be a fraction of the total computer base, simply because the majority of people aren't building server systems, the hardware for which Solaris supports fairly well.

      --
      bash-3.00$ uname -a
      SunOS panda 5.10 Generic sun4u sparc SUNW,Ultra-2
    50. Re:Why should they? by DashEvil · · Score: 1

      You're just disapointed because you can't take all of the good things about Solaris and put them in Linux. Seriously, don't pretend that you want Solaris GPL'ed for it's own benefit.
      As soon as Sun claimed they were going to Open Source it everyone started ranting about how great Linux was going to be after they took all the good things from Solaris, nobody actually cared about USING an Open Source Solaris.

      Oh, and please, don't be ignorant. You underestimate the BSD's driver support.

      --
      -If God wanted people to be better than me, he would have made them that way.
    51. Re:Why should they? by greenrd · · Score: 1
      That is gratuitiously wrong.

      The reverse is strictly true, however. If a license is compatible with the GPL then it is also automatically compatible with the (advertising-clause-free) BSD license. Technically. However, this is totally misleading because if a BSDL project were to incorporate GPLed code into their core codebase, they'd have to release the whole code under the GPL, which they would be unlikely to do for ideological reasons. It's not impossible, and it's not legally problematic, but it's unlikely.

    52. Re:Why should they? by Ralph+Yarro · · Score: 1

      That is gratuitiously wrong.

      No. It is not. If a license permitted the code, or a derivative thereof, to be released under the BSD license then it would necessarily permit that same code to be released under the GPL. We can trivially demonstrate this to be true by observing that code under the BSD license can be relicensed as GPL.

      The original suggestion was that the code could "end up in BSD". This was clearly crap, as it could NOT be licensed under the terms of the BSDL.

      --

      The real Ralph Yarro posts as Anonymous Coward. Anyone else is an impostor.
  4. The differences could prove interesting... by TWX · · Score: 5, Interesting

    ...if the license doesn't follow BSD or GPL methodology. Most of the UN*X geeks that I know (including myself) subscribe to one or the other established licenses either because we want our work to be out there for the benefit of everyone, even if it is used in commercial applications and closed (BSD) or because we want it out there and we want it to remain out there because it was hard work, and not be closed (GPL). I don't see any other positions really available to coders who don't want their code to be rendered unavailable to the public at large.

    --
    Do not look into laser with remaining eye.
    1. Re:The differences could prove interesting... by julesh · · Score: 2, Informative

      Look at the linked page. It's based heavily on the MPL, so it isn't really _new_. It's just got CYA modifications in it.

    2. Re:The differences could prove interesting... by Timesprout · · Score: 1

      I think the license will be quite similar to IBM's Common Public License which is proving quite popular (think Eclipse).

      --
      Do not try to read the dupe, thats impossible. Instead, only try to realize the truth
      What truth?
      There is no dupe
    3. Re:The differences could prove interesting... by PornMaster · · Score: 1

      Ability to fix problems... One of the things I see mentioned all the time as a benefit of open source is the ability to fix bugs, or implement features that you need. As long as that's allowed, that's enough to make Solaris at least compete favorably against the other commercial 'NIXes from the point of view of a fan of open source.

    4. Re:The differences could prove interesting... by IO+ERROR · · Score: 1

      Help, I'm not a lawyer. What makes this license not GPL compatible?

      --
      How am I supposed to fit a pithy, relevant quote into 120 characters?
    5. Re:The differences could prove interesting... by ToLu+the+Happy+Furby · · Score: 2, Insightful

      The CDDL holds that anyone redistributing CDDL-licensed software cannot assert a patent claim against any other contributor to that software without breaching the license and forfeiting his ability to redistribute the software.

      This constitues a "further restriction" on the recipient of the software beyond the restrictions set forth by the GPL, and is thus incompatible with section 6 of the GPL.

      These sorts of patent amnesty clauses are generally considered a Good Thing, and are common in many newer open source licenses (the MPL of course, and the CPL, etc.); something like this is pretty likely to be part of v3 of the GPL. On the other hand, very clearly Sun deliberately chose to use a GPL-incompatible license because they don't want Solaris's unique features ending up in Linux. (Otherwise they could have dual-licensed under CDDL and GPL, like Mozilla does with the MPL.)

  5. Yet another? by upside · · Score: 3, Informative

    Aren't there enough licences to pick from? Apparently not.

    --
    I'm sorry if I haven't offended anyone
    1. Re:Yet another? by julesh · · Score: 2, Interesting

      It's a not-particularly-heavily-modified version of the MPL.

      It seems not, because they presumably had to modify it to include the fact that the license grant is "subject to third party intellectual property claims".

      Which probably makes it next to useless, as I believe Solaris is based on Sys V code, which means that those 3rd party rights might belong to either SCO or Novell, it's tricky to tell which at this stage.

    2. Re:Yet another? by wan-fu · · Score: 1

      You make a very good point that is important because unlike the BSD and GPL licences, the MPL actually cares about patents and with the current litigation, getting patent indemnification and other patent-related clauses into the license is as important as ever.

    3. Re:Yet another? by MarkRose · · Score: 1

      And I'm sure every licence with each piece of commercial software is one of an equally short list of licences. Having a licence best adapted for each situation is a Good Thing, especially since it increases the amount of open code.

      --
      Be relentless!
    4. Re:Yet another? by Anonymous Coward · · Score: 0

      Not exactly, cause then code can't be moved back and forth between projects without contacting ALL of the copyright holders and requesting permission. This can become a pain when more than 1000 people have modified something like the Linux kernel and all hold copyrights to it in some place. Even someone from the Open Source Initiative said this is a problem.

  6. Let's give Sun a kiss and a kick by Metteyya · · Score: 3, Insightful

    A kiss - because they're still trying to somehow connect their business with Open Source movement. They're making new license for every product they release to the Community, but none of these licenses is compatible with GPL. Which is OK for me, I'm not a religious fanatic, I just want my software to be free (as in beer) and usable - and Sun's product's I'm using are free (as in beer), regardless of what you might say.

    A kick - because they still prefer business. Novell and Mandrake can somehow make it with GPL - maybe Sun should also try?

    1. Re:Let's give Sun a kiss and a kick by realdpk · · Score: 1

      "A kick - because they still prefer business."

      Those savages!

    2. Re:Let's give Sun a kiss and a kick by Kissing+Crimson · · Score: 1, Offtopic
      A kick - because they still prefer business. Novell and Mandrake can somehow make it with GPL - maybe Sun should also try?


      Does Sun make more from software or hardware? Last I checked, they are still a major - and successful - hardware vendor, complete with service contracts, etc.
      --
      What's that smell? Ah, that's my karma burning...
    3. Re:Let's give Sun a kiss and a kick by Anonymous Coward · · Score: 0

      Mandrake making it with GPL? Dude, they nearly
      went bankrupt. Is that the model you want for
      the tens of thousands of sun employees, many
      of whom have invested their entire careers
      in Sun, and hold pensions with this company?

      You're nuts, sir, nuts.

    4. Re:Let's give Sun a kiss and a kick by Anonymous Coward · · Score: 0
      becuase they still prefer business
      Last time I checked they were a business.

      So what if they're releasing another license. Apache has it's own. Are they the devil too?

      if ( !Linux == Bad || !GPL == Bad ) doSlashDotFlame( );
      Too true.
    5. Re:Let's give Sun a kiss and a kick by __aafkqj3628 · · Score: 1

      Novell and Mandrake can somehow make it with GPL

      I'm not sure of the financial success of MandrakeSoft, but they don't seem to be creating a towering enterprise on GPL software.

      And Novell is still relying on Netware and it's range of server products to rake in the cash.

  7. Yay, they addressed the patent issue. by happyemoticon · · Score: 5, Insightful
    6.2. If You assert a patent infringement claim . . . alleging that the Participant Software . . . directly or indirectly infringes any patent, then any and all rights granted directly or indirectly by such Participant to You under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant terminate prospectively . . .

    Well, that makes me happy. It seems to say that if you hold the Sun license, you can't patent-shakedown anybody in the Sun community. I'll buy that; getting this kind of license adopted by many people is probably the only way to end the horror. I'd be interested to see whether Microsoft gets all ornery about this license.

    Of course, I'm also interested to see how much I'll get flamed by even implying support for a license besides the GNU GPL.

    1. Re:Yay, they addressed the patent issue. by julesh · · Score: 4, Interesting

      If memory serves, there has been an official FSF statement that while this kind of term is GPL-incompatible, they think it is good, and will likely include similar terms in a future version of the GPL.

    2. Re:Yay, they addressed the patent issue. by mpcooke3 · · Score: 1

      Yes I think they are still ironing out issues relating to a patent related clause in the next version of the GPL.

      The IBM public license is another example of a license that is incompatible with the GPL because it tries to protect against patent claims.

  8. A viral license. by Anonymous Coward · · Score: 1, Interesting

    I find the "patent peace" provision very interesting. If I am reading this right, basically what this does is make the Sun license viral-- becuase if you do not switch to the Sun license, you lose your patent protections. Is this correct?

  9. CDDL is based on Mozilla Public License 1.1 by dangermouse · · Score: 4, Informative
    disclosure: I work for Sun.

    counter-disclosure: I read about this on CNet, just like everyone else, and I don't know any more about this than is available at Sun's CDDL site. Also, I don't really work anywhere near the Solaris group.

    The CDDL is just a refinement of the MPL-- and I've read the redline diffs, and there doesn't seem to be anything sinister or extra-restrictive about the changes.

    The MPL is nice, in that it is propagative but not viral. That is, if you distribute a modified binary you have to distribute the source for your modifications, but you can use MPL-licensed code in a larger project without any effect at all on the license of the larger project.

    The only reason GPL compatibility is even an issue is that there was some hope that Solaris code could be picked up and used in Linux-- which I really think was pretty optimistic. Techniques learned from the Solaris source may be transferrable, though, and I think still will be as long as the Solaris source is truly open.

    1. Re:CDDL is based on Mozilla Public License 1.1 by killjoe · · Score: 1

      Why doesn't sun want the code from solaris transfered to linux? That's a serious question because it seems to me if you don't want linux (or freebsd) to benefit from solaris code why did you open source it in the first place. The answer is probably something like "because we want people to code for solaris without getting paid".

      I have onether question.

      Recently MS and Sun signed an IP cross licensing deal. Presumably this means that both MS and SUN are in a position to sue people for patent infringement.

      Has sun promised to..

      a) Never sure people who may have looked at the solaris code and contributed to other projects.
      b) To protect people if they are sued by MS or proxies of MS.

      --
      evil is as evil does
    2. Re:CDDL is based on Mozilla Public License 1.1 by Ralph+Yarro · · Score: 1

      The MPL is nice, in that it is propagative but not viral. That is, if you distribute a modified binary you have to distribute the source for your modifications, but you can use MPL-licensed code in a larger project without any effect at all on the license of the larger project.

      I don't understand what you mean by this. The GPL doesn't prevent you ditributing GPL-licensed code alongside non-GPL-licensed code as long as they're not linked together.

      Do you mean it's more like the LGPL i.e. you can convert the MP-licensed code into a library and make calls from your non-MPL-licensed code, or do you mean something else?

      --

      The real Ralph Yarro posts as Anonymous Coward. Anyone else is an impostor.
    3. Re:CDDL is based on Mozilla Public License 1.1 by Ralph+Yarro · · Score: 1

      it seems to me if you don't want linux (or freebsd) to benefit from solaris code why did you open source it in the first place.

      There's lots of benefits to having code available. People can look at it and decide whether they trust it, for one thing. Even if you don't want to do it yourself, just knowing that the code's out there for experts to look at and comment on gives you added comfort that there's nothing too monstrous underneath.

      The answer is probably something like "because we want people to code for solaris without getting paid".

      Good point, yes some people like to have the option to fix / change things themselves when they're not to their liking. I think that's what you meant here.

      Also, I doubt Sun would like to put it this way but no company is immortal. You have more flexibility for support options, whatever happens to Sun, if the code is open sourced.

      Bottom line, I think from a buyer's perspective, availability of source code and permission to change it around gives plenty of pluses. So hopefully it'll help them sell more hardware/services/whatever.

      --

      The real Ralph Yarro posts as Anonymous Coward. Anyone else is an impostor.
    4. Re:CDDL is based on Mozilla Public License 1.1 by Anonymous Coward · · Score: 0

      The term "viral" was applied to the GPL years and years before BillG started reciting old usenet flamewars.

    5. Re:CDDL is based on Mozilla Public License 1.1 by ArbitraryConstant · · Score: 1

      "Why doesn't sun want the code from solaris transfered to linux?"

      Linux is the competition.

      "That's a serious question because it seems to me if you don't want linux (or freebsd) to benefit from solaris code why did you open source it in the first place. The answer is probably something like "because we want people to code for solaris without getting paid"."

      Linux kernel code is virtually never used outside of the Linux kernel. *BSD can't use it, for example, and interviews with developers have indicated that even if they could use it, it would be too much of a PITA to port. I don't see how this is different.

      --
      I rarely criticize things I don't care about.
    6. Re:CDDL is based on Mozilla Public License 1.1 by kscguru · · Score: 3, Informative
      Why doesn't sun want the code from solaris transfered to linux?

      Sun's not afriad of that ... Sun's afraid of the other direction not working. For example... say Solaris has whiz-bang feature A. Some eager developer ports A to Linux. Some better developer makes A v1.1, with some bug fixes and interesting new features. Everyone decides A v1.1 is really cool... except Sun, which can't bring the code back into Solaris because it's GPL and OpenSolaris isn't.

      Basically, it's a license that permits redistribution, but always permits Sun to fold back code changes into a proprietary Solaris product. Kinda like StarOffice & OpenOffice...

      --

      A witty [sig] proves nothing. --Voltaire

    7. Re:CDDL is based on Mozilla Public License 1.1 by HiThere · · Score: 1

      This *is* a different context, however. This is the base license for an OS. Can you distribute GPL software with this license? Probably. This code wouldn't link to the GPL code, although the reverse might be true.

      The problem for Mozilla with the Mozilla license it that it might have made mozilla non-distributable with Linux. Or at least those who were careful might have thought so. Like, say, Debian and Red Hat. GPL removed all questions in that area.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    8. Re:CDDL is based on Mozilla Public License 1.1 by HiThere · · Score: 1

      It still doesn't look much like the statement of a friend. Do your friends call you a disparaging term? In public? And pretend that it's an accurate discription?

      I don't care much who coined the term. It's not accurate, not without being accompanied by a detailed explanation which explicitly states which features you are analogizing, and what degree of similarity you are assuming. And if you do this, I'd probably deny the accuracy of the characterization. (I've seen this done carefully, and it can be done, but it's by no means easy...and certainly all of the most intuitive analogical chains fail.)

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    9. Re:CDDL is based on Mozilla Public License 1.1 by DeVilla · · Score: 1

      Frankly, I didn't care if it was code ported from Solaris to Linux or (as I was thinking) from Linux to Solaris. I was even wondering if the two could be merged into a super UNIX of sort with all the 'cool' factors that Linux is the primary target system for as well as some more of the higher end stuff that Sun has been targetting for years. I wasn't going to hold my breath on that one.

      Also, I find that there are other License that are not GPL compatible that are still good, like CPL. GPL just has a lot of worthwhile momentum (and inertia) behind it. What has me worried at the moment about this license is an earlier comment to this post by a Slashdotter who goes by the name Alan Cox. He seems to feel that most of the changes were minor and not really bad, except for one that would allow contributor to secretly insert 3rd party patented code, thus contaminating the source and creating liability for everyone else. That just not very nice.

      Maybe it was a mistake on Alan's interpretation or an oversight by Sun's lawyer, but I'd like to at least hear that one get resolved.

    10. Re:CDDL is based on Mozilla Public License 1.1 by killjoe · · Score: 1

      So in other words Sun wants people to work on solaris without pay.

      --
      evil is as evil does
    11. Re:CDDL is based on Mozilla Public License 1.1 by erktrek · · Score: 1

      Could this be a setup?

      What if Microsoft is using Sun to expose code via Sun's shiny new OpenSource license with all the CYA's lacking in the GPL? (disclaimer: In true /. form I have NOT read the proposed license yet..)

      Could it be that MS/Sun is using this to tempt devs into reviewing/copying patented code which can then be used against Linux & community in future lawsuits?

      What could be the gain? Microsoft able to sow more FUD and slow competitors down while reinforcing the drones to keep all things Microsoft. Sun gets to take the moral high ground while championing their "safe" opensource "Unix-Killer" OS.

      Yeah I know there are GPL processes in place to deal with copyrighted (patented too?) code... but why ruin a perfectly good paranoid delusion?

      Cheers,

      E.

    12. Re:CDDL is based on Mozilla Public License 1.1 by hutchike · · Score: 1

      Remember that Solaris is UNIX and by definition Linux Is Not UniX - so it's impossible for Solaris code to get into Linux anyway.

      --
      Zen tips: Pay attention. Don't take it personally. Believe nothing.
    13. Re:CDDL is based on Mozilla Public License 1.1 by Anonymous Coward · · Score: 0

      Yup, just like Red Hat wants people to work on Linux without pay.

    14. Re:CDDL is based on Mozilla Public License 1.1 by killjoe · · Score: 1

      One hopes that a reader of slashdot is able to descern between the two products and licenses.

      --
      evil is as evil does
    15. Re:CDDL is based on Mozilla Public License 1.1 by killjoe · · Score: 1

      " Could this be a setup?"

      Absolutely it could. As I said it wasn't too long ago that MS and Sun signed an IP cross licensing deal. MS could very well have the right to sue open source developers for patents that sun has on solaris.

      I don't think neither MS nor Sun can be trusted at this point.

      --
      evil is as evil does
    16. Re:CDDL is based on Mozilla Public License 1.1 by Anonymous Coward · · Score: 0

      Is that any different from Red Hat wanting people to improve/fix Linux without having them on the payroll?

  10. I've read the licence but by Anonymous Coward · · Score: 2, Insightful

    I'm still not sure about this key question:

    Is it now possible to put Sun's funky new filesystem straight into Linux, or does someone have to rewrite it?

    When they say not-GPL-compatible, I assume no, but I'd like someone with a better grasp of this to confirm it.

    1. Re:I've read the licence but by multipartmixed · · Score: 1

      > Is it now possible to put Sun's funky new filesystem straight into
      > Linux, or does someone have to rewrite it?

      Solaris uses a VFS, and I suspect Linux does, too. Given that all the low-level access is probably abstracted as svr4 streams and that Linux probably abstracts their low-level access (they'd be fools not to!!!!) away from their filesystem implementations, I'd hazard guess saying that you could probably port zfs over to Linux by:

      1. Writing the appropriate VFS glue
      2. Writing Linux I/O svr4 streams compatible API
      3. Tweaking anything unportable in zfs

      Of course, these are all guesses.

      If you don't know what a VFS is, read the docs in the Samba sources. Best explanation I've read yet.

      --

      Do daemons dream of electric sleep()?
  11. How does this compare to the APSL? by Anonymous Coward · · Score: 0

    How does this compare to the Apple Public Source License?

  12. Filesystems, yes. by Anonymous Coward · · Score: 0

    You cannot take code out of any funky-Sun-licensed product and put it into Linux. In order to redistribute Linux you must be able to release the entire Linux codebase under the terms of the GPL. The funky-Sun-license terms prevent that.

    But you could take code out of a funky-Sun-licensed product and put it into a Linux kernel module, because there are no license restrictions on Linux kernel modules. Filesystem support can be added by kernel module.

    1. Re:Filesystems, yes. by jokumuu · · Score: 1

      But then you would get the "taint" warnings...

    2. Re:Filesystems, yes. by Anonymous Coward · · Score: 0

      But then you would get the "taint" warnings

      Like, "wear loose pants and no underwear to allow your new taint piercing to heal"?

  13. let's wait for a careful review by jeif1k · · Score: 2, Insightful

    I don't see why couldn't go with one of the existing licenses: surely, among BSD, GPL, LGPL, MPL, CPL, and all the other already approved licenses, they could have found something. Based on Sun's history and relationship with open source, I would wait for a careful review: it is quite possible that Sun is trying to slip something in there.

    (Of course, the license is only on Solaris, so it doesn't really matter that much anyway. If Sun used this for Java, it would matter more.)

  14. Vim/Perl license by Anonymous Coward · · Score: 0

    Why not do like Vim or Perl which are dual licensing? Whether to use their own license (charityware for Vim, artistic for Perl), but if one wants to develop GPL software based on them, one can
    just do it.

  15. Based on Mozilla Public License by ChrisRijk · · Score: 5, Informative
    A PDF showing the difference between MPL and CDDL.

    A summary of the changes, including why they felt the MPL didn't give them entirely what they wanted - they make it clear that they didn't want to create yet another license.

    A details description of the differences.

    In their submission they also say:
    The CDDL is similar to the MPL and its derivative licenses (CPL, SPL, etc.) in terms of combination with software distributed under other licenses. As with the MPL, files made available under the CDDL can be linked together with files made available under another license, as long as the other license does not prevent such linkage. This means that (for example) files licensed under the CDDL can be linked together with files licensed under the MPL, SPL, CPL (or other licenses that allow files under different licenses to be linked together) as well as with code released under "academic" licenses such as BSD, AFL, Apache, and X11. In addition, source code licensed under the CDDL can be combined in the same file with code licensed under an academic license, as long as the resulting source file is distributed under the CDDL.
  16. Re:(-1, Post requires critical thinking to interpr by ScrewMaster · · Score: 0, Troll

    Your post is semantically void.

    --
    The higher the technology, the sharper that two-edged sword.
  17. The GPL is out-dated by Enucite · · Score: 4, Interesting

    No one in their right mind would start a new project using the GPL. The GPL doesn't provide patent protection. With all the patent litigation lately it would reflect poorly on Sun to kick off such a large project using an outdated license that doesn't cover the legal issues developers face today.

    Most new OSI-approved licenses seem to cover patents in some form. There's even talk about a new version of the GPL that will, but as of now there's nothing.

    Using the GPL would have earned them a kick in my book.

    Of course, if you (or anyone else here for that matter) are complaining without actually knowing the rationale behind the license, you should go take a look at Sun's detailed description of the license.

    1. Re:The GPL is out-dated by Anonymous Coward · · Score: 0

      the problem is if you go with any copyleft license other than the gpl then those maintaing gpl software can't use your code and unless you use the gpl you can't use thiers

      license compatibility issues have caused huge amounts of work duplication

    2. Re:The GPL is out-dated by Enucite · · Score: 1

      Sounds like the GPL needs updated then, doesn't it?

    3. Re:The GPL is out-dated by Anonymous Coward · · Score: 0

      Since the GPL was designed to induce exactly this incompatibility, shouldn't you properly place the blame at RMS and the FSF? It's hardly the rest of the world's fault that the GPL is designed to be uncooperative and incompatible with other licenses.

    4. Re:The GPL is out-dated by asuffield · · Score: 2, Insightful

      No one in their right mind would start a new project with this patent-apocalypse clause. With all the patent litigation lately it would reflect poorly on Sun to kick off such a large project using a poorly considered license that doesn't cover the legal issues developers face today.

      Most new OSI-approved licenses seem to be ill-considered.

      Of course, if you (or anyone else here for that matter) are complaining without actually knowing the implications of this license, you should consider the number of people who would be quite happy to annihilate free software projects by colliding them with their own, at the loss of both projects. That's what these clauses really do. They don't provide any protection, they just give mutually assured maximum destruction.

    5. Re:The GPL is out-dated by Enucite · · Score: 1

      No one in their right mind would start a new project with this patent-apocalypse clause. [...] They don't provide any protection, they just give mutually assured maximum destruction.

      If you're not trolling, I'd actually be interested to hear how the MPL, CPL, APL, etc--by granting licenses to patents--allow annihilation of projects licensed under them.

      If you're just defending the GPL, what license do you plan on using when GPL 3 is out next year and covers patents?

  18. stop this nonsense by jeif1k · · Score: 1

    The implication here is that there's something bad about them not wanting to GPL their source.

    Yes, there is something "bad" about it. It's not "bad" as in "badly behaved" or "bad dog" or "bad person", it's "bad" as in "bad idea" or "bad legal advice" or "bad business".

    Why should they?

    Because, presumably, they are open sourcing it in order to achieve something. If they pick a license that doesn't satisfy potential users, then they aren't going to achieve that goal.

    Not having read their proposed license, I'm assuming it won't allow anyone to resell the code.

    If it contained that restriction, then it wouldn't be an open source license.

    And why should they?

    Because if they put such a restriction in there, then only a fool would do anything with the code. Furthermore, it is also worthwhile pointing out again and again why only a fool would download, look at, and/or modify source code under non-OSI licenses. For example, you still don't seem to understand that.

    That way we get to see it and potentially modify it for our own benefit.

    If you don't have the right to redistribute modified code without restrictions, then the "source license" is very one-sided: you don't benefit much, but the company that gave you the source code benefits a lot. Such "source licenses" are worthless or even dangerous (the Java SCL is an example of that).

    It looks like the CDDL may be a useful open source license (too bad it's on a product probably hardly anybody will want to use).

  19. Refreshing by Anonymous Coward · · Score: 0

    > Sun has submitted their ... License to the Open Source Initiative for approval

    It's refreshing that a big company like Sun feels the need to submit their license to the "good guys" for approval.

    It makes me feel like the good guys are really in control of things -- as it ought to be.

  20. Changes that Sun Would Want by Dink+Paisy · · Score: 4, Informative
    My initial thought is that Sun would want two things that would make the GPL unsuitable. First, they would want the ability to distribute binaries containing both community contributions and proprietary bits that they may not be unwilling or unable to distribute. Second, they would want the anti-submarine warfare patent protection stuff, similar to what IBM put in the CPL.

    Actually looking at the license, I see that it is based on the Mozilla license (MPL), which addresses the two issues I noted. Sun's changes remove the part about being covered by a future version of the license, and remove some notice requirements and clarify a few things that are unclear or poorly stated in the original MPL.

    The license may well be GPL 3 compatible, since Stallman has made noises about wanting to clear up the patent protection stuff. You'd really need to get a lawyer's opinon on that, though, after the GPL 3 has been released.

    --

    Whoever corrects a mocker invites insult;
    whoever rebukes a wicked man incurs abuse.
    --Proverbs 9:7
    1. Re:Changes that Sun Would Want by Doomdark · · Score: 1
      The license may well be GPL 3 compatible, since Stallman has made noises about wanting to clear up the patent protection stuff.

      That would be nice, but I wouldn't bet on it. The number one requirement for GPL 3 is/was (I think) that it be compatible with GPL 2. And since FSF has said that current patent clauses in other Open Source licenses make them GPL (2) incompatible, there seems to be a problem?

      However, I hope I'm wrong, and GPL 3 would be more compatible with other commonly used OS licenses.

      --
      I like paying taxes. With them I buy civilization -- Oliver Wendell Holmes
    2. Re:Changes that Sun Would Want by Luke-Jr · · Score: 1

      The GPL specifies that it can be "upgraded" to any newer version, so the GPLv3 could, in theory, be a completely proprietary license granting GNU all rights to the software. Then, GNU would be able to create a completely proprietary OS based on GPL'd software.

      --
      Luke-Jr
    3. Re:Changes that Sun Would Want by FuzzieNorn · · Score: 1

      To all the software which includes the phrase in the license information that the GPL requires in order for the license to be upgradable, anyway. This doesn't mean everything, and the Linux kernel even has a note reminding people that only GPL v2 can be applied to it.

    4. Re:Changes that Sun Would Want by juergen · · Score: 1

      If authors distribute with the "GPL2 or any later version" boilerplate clause, *any* GPL3, however bizarr, will be compatible with GPL2.

      Some don't, the Linux kernel beeing one as far as I remember.

      Jürgen

  21. well isn't this phrase compatible with the gpl? by utopianfiat · · Score: 1

    Couldn't this just be inserted into the GPL with a special supplement? It would be like GPL with plugins. :D

    --
    +5, Truth
    1. Re:well isn't this phrase compatible with the gpl? by Anonymous Coward · · Score: 1, Insightful

      No, it would be an "additional restriction" and therefore incompatible with the GPL.

  22. The travails of keeping unwanted software alive by Anonymous Coward · · Score: 0

    It's interesting that Sun sees no future in Solaris because of the Linux threat. So what course of action can it take? If it does nothing then their OS/intellectual property will be assigned to the dustbin of computer history. So it has to act but is not willing to accept that by not embracing an accepted open source license (GPL or BSD) then they will never gather the required momentum to sustain a viable long term project. So by this half-assed measure - Solaris will still be relegated to the trash heap of history.

  23. Said it before they did it by Anonymous Coward · · Score: 0
    Solaris will never be released with a GPL license (I'll bet they write their own "open source" license, finding the thousands of other FOSS licenses available as too free). And because Sun will never release Solaris under the GPL, Solaris is doomed to failure. GNU/Linux is unstoppable. GNU/Linux is the juggernaut, and Scott and Jonathan are the pavement that the GNU/Linux jalopy will blast across.


    I said they wouldn't use any FOSS license already in existence, since their definition of FOSS differs with everyone else in the FOSS community, and they just confirmed it.

    Sun is doomed (see link above). Sun developers, see the light, see the writing on the wall. Now is the time. Move to the juggernaut that is the GPL. Move to the juggernaut that is GNU/Linux. Unix is dead. The recent publication of the AT&T/BSD settlement confirms this. Anyone can use BSD code. And if there is anything else infringing or violating, it will be written out or corrected. Any judge will give time to make this happen, and it will happen with lightening speed thanks to the open nature of GNU/Linux. I'll be there are already skunkworks projects underway at workarounds and line-by-line identification of code has already been announced elsewhere.

    Asia announces -strikethrough-Solaris-endstrikethrough- Linux migration. Argentina announces -strikethrough-Solaris-endstrikethrough- Linux migration. Australia announces -strikethrough-Solaris-endstrikethrough- Linux migration. Oracle moves everything to -strikethrough-Solaris-endstrikethrough- Linux.

    It's happening now. Join the wave or perish.
  24. let's do neither by jeif1k · · Score: 4, Insightful

    Sun isn't a person. They are neither nice nor naughty. They make cold, calculating decisions based on the business environment and based on maximizing profit. That's why they have released OpenOffice and are releasing Solaris under a FOSS license, and why they are not releasing Java under a FOSS license. That's all. Don't believe marketing hype that tries to make you look at any company as a person.

    1. Re:let's do neither by mattgreen · · Score: 1

      But then how will we justify our irrational love/hatred of corporate entities? And how will we be able to post about how such-and-such company used to be cool but is now definitely evil? Surely you're not suggesting arguments based on fact instead of raw emotion?

    2. Re:let's do neither by killjoe · · Score: 1

      Absolutely. And tommorow when the business climate changes they will make abrupt changes in attitude. They will go back on every word they have said today. Just because they act kind of nice today doesn't mean they will do so tommorow.

      Companies are not bound by ethics, in fact acting ethically can get a company sued by it's shareholders if it results in less profits.

      Today Sun is thinking about opening up solaris, tommorow they could file a lawsuit against everybody who read the source code and then worked for another project.

      You never know with corporations, they are psychotic homocidal manic depressives.

      --
      evil is as evil does
    3. Re:let's do neither by kfg · · Score: 1

      They make cold, calculating decisions based on the business environment. . .

      As a business owner and someone who has served as a corporation Chief Operating Officer and Director, let me state, catagorically, from experience:

      Businesses do not make decisions. People do.

      KFG

    4. Re:let's do neither by DeepHurtn! · · Score: 1
      Don't believe marketing hype that tries to make you look at any company as a person.

      I agree, but would add "Also don't believe any legal fictions that tries to give corporations legal personhood."

    5. Re:let's do neither by jeif1k · · Score: 1

      Businesses do not make decisions. People do.

      You are playing word games, but it amounts to the same thing: you cannot trust businesses, you can only trust individual people. And since the people constituting a business can change overnight, you can't even trust a business based on the people that constitute it.

      As a business owner and someone who has served as a corporation Chief Operating Officer and Director, let me state, catagorically, from experience:

      Well, even as CEO, you then apparently never grasped the concept that the corporation is a legal person separate from its employees.

    6. Re:let's do neither by Deliveranc3 · · Score: 1

      Um, companies share more human characteristics than you seem to be implying.

      Sure companies have their self interest at heart, so do people, do you mail 2/3 of your meals to africa? I think not, they need to remain profitable or they won't be around to do good deeds.

      For large companies money isn't really an objective, they simply want to continue pursuing research for the good of the public.

      Open office I can't see as being profitable except by breaking the .doc stranglehold and therefore saving them money on liscencing but I think that motivation pales in comparison with their empathy for the totally messed up state of documentation standards.

      Solaris is released in a cold calculating way, but that's a matter of perspective.

      They aren't trying to lock anyone into anything, they simply want people to have access to this operating system because they think it's the best.

      Few can afford to liscence solaris just for personal learning so yes Linux will win in the long run unless they do something to get the techies onboard.

    7. Re:let's do neither by jeif1k · · Score: 1

      Today Sun is thinking about opening up solaris, tommorow they could file a lawsuit against everybody who read the source code and then worked for another project.

      I think it all comes down to licenses. Licenses like the SCL are unacceptable and open you up to lawsuits, so one shouldn't even download SCL'ed code. Licenses like the GPL are as well-tested as any license in this industry, so even when Sun or Microsoft release something under it, it's probably OK (with some precautions like documenting the release). With the CDDL, it all depends on whether it passes legal scrutiny.

    8. Re:let's do neither by Anonymous Coward · · Score: 0

      "Um, companies share more human characteristics than you seem to be implying."

      Companies share human-like failings (irrational decision making, greed, etc.).

      What they don't share, however, is human responsibilities: as a human being, you can't just disintegrate yourself to escape your responsibilities and then reconstitute yourself under a different name. You can't just transplant your brain. Companies, on the other hand, can do all of that.

      That's why concepts like "trust" make sense when talking about humans, but not when talking aout companies.

    9. Re:let's do neither by kfg · · Score: 1

      You are playing word games. . .

      While I am far from "above" that ( like word games), in this case, I am most certainly not.

      . . .you can only trust individual people.

      Oh, you poor, poor bastard. If I catch the obit I'll send flowers.

      Well, even as CEO, you then apparently never grasped the concept that the corporation is a legal person separate from its employees.

      No, what I grasped was that the corporation's identity as a legal person has certain limits. The designation is real only when interacting with the legal system.

      People who take the legal fiction too seriously often end up in jail.

      Every person in the corporation is still a person, and the process of making decisions rather resembles a dysfunctional family fighting over who gets to carve the Thanksgiving turkey.

      The idea that corporations make "cold" and "calculated" decisions is a lot of hooey, as is the idea that the legal fiction of being a person strictly motivated by profit absolves that fictional person from the ethical and moral consquences of its actions.

      Taken literally that would viturally guarantee that corporate acts are evil.

      Fortunately there are least seven or eight members of corporations who actually like to sleep nights.

      KFG

    10. Re:let's do neither by jeif1k · · Score: 1

      Every person in the corporation is still a person, and the process of making decisions rather resembles a dysfunctional family fighting over who gets to carve the Thanksgiving turkey.

      Sure, as everybody who has worked in a corporation knows. That merely demonstrates that corporations are prone to the same fallacies that affect other human decision making.

      The idea that corporations make "cold" and "calculated" decisions is a lot of hooey,

      What's a lot of "hooey" is your belief that because people inside corporations make decisions, therefore we can think of corporations like people.

      Taken literally that would viturally guarantee that corporate acts are evil.

      Concepts of "good" and "evil" just don't apply to corporations. The legal construct of a corporation is merely intended to achieve that corporations act legally and in a profit-maximizing manner. Any other behavioral interpretations you apply to them are a dangerous fiction.

      Individual people inside corporations may behave in "good" or "evil" ways, but those individual people are replaceable. And if the people working inside, or running, a corporation don't act in a profit maximizing way, they will get replaced.

  25. Theyre defending IP by mnmn · · Score: 1

    They've got alot invested in Solaris, which also drives their hardware and service markets, and wouldnt want to give it all up. It seems they're just opensourcing Solaris, as in people can look at the source. Cant copy the sources elsewhere (Linux or BSD), cant resell it, cant redistribute altered binaries, and I'm not sure if anyone can redistribute altered Solaris even with the sources.

    As for taking improvements to Linux, I wonder if Linux can be forked into a more restrictive License, which doesnt go against the GPL. That way Solaris source blocks can be moved to Linux if its even worth that much.

    I'd be happier to see the threading implementation and memory management of Solaris in Linux or BSD, and improvements to glibc. We dont need Solaris binary compatibility as its only really useful on the sparc platforms.

    Its also kinda refreshing to see they dont intend to bring down Solaris like a kamimaze, rather plan to develop it and live on it further. Means Solaris isnt dying.

    --
    "Give orange me give eat orange me eat orange give me eat orange give me you." -Nim Chimpsky
    1. Re:Theyre defending IP by vivian · · Score: 2, Informative

      I wonder if Linux can be forked into a more restrictive License, which doesnt go against the GPL. That way Solaris source blocks can be moved to Linux if its even worth that much.

      In a word: No.
      Anything that imposed additional conditions to the GPL (which any forked version is still covered by) would violate the licence. In order to be able to mix GNU/Linux code with Solaris code, according to the Solaris licence the code has to be non-redistributable, but according to the GPL, GNU/Linux must be freely distributable.
      Hence the two can never be mixed.

      If the GPL wasn't like this, Microsoft (or anyone else) could just "fork" Linux, put a windows sticker on it and call it their own, without returning anything to the community or making any of their changes redistributable.

    2. Re:Theyre defending IP by killjoe · · Score: 1

      "As for taking improvements to Linux, I wonder if Linux can be forked into a more restrictive License, which doesnt go against the GPL."

      Only if every single contributor agrees. In other words no.

      --
      evil is as evil does
    3. Re:Theyre defending IP by otis+wildflower · · Score: 0, Flamebait

      If the GPL wasn't like this, Microsoft (or anyone else) could just "fork" Linux, put a windows sticker on it and call it their own, without returning anything to the community or making any of their changes redistributable.

      In other words, BSD.

  26. My quick interpretation (IANAL, etc.) by cliffiecee · · Score: 4, Interesting

    Initial Developers grant You the the right to use, modify and sell ("under Patent claims infringed", whatever that means) their software.

    Contributors (who modify the Initial Developer's code) grant You the same rights. This applies to the whole work with modifications, or just the modifications themselves.

    You must provide the License text when you distribute Your software, including the modifications. If you distribute executable code, You must make the source code available.

    All code remains under this version of the license. You (essentially) can't modify the license. Sun could revise the license, but it isn't retroactive unless specified.

    You can include softare with this License in a "Larger Work" that's under a different license, as long as doing so doesn't break this license.

    No Warranty, Limitation of Liability, jurisdiction, etc.

  27. I don't see what's wrong with it by Anonymous Coward · · Score: 0

    He's saying Post, Bjork's seminal 1995 album, requires critical thinking to interpret. Makes perfect sense to me.

  28. Contracts, Copyrights, Compatibility, Hope by Anonymous Coward · · Score: 5, Interesting

    This is a good license. In terms of what it tries to do, it seems to be on the level of the LGPL. Whether you consider that to offer you adequate protections for your code is up to you. That's why you get to decide how your code is licenced.

    Of course, the big difference is that Sun's licence goes beyond a simple copyright licence (like the GPL and LGPL). Sun's license is a contract. There are pros and cons of both. A copyright license cannot offer patent licencing. Here, Sun is giving you the rights to use the software even if it infringes on some of their patents. Now, it would seem obvious that if someone opensourced software they owned that used a patent they owned that they were letting you use that patent without royalties, but that isn't the case (legally). A company could GPL-licence software that used a patent they owned and then sue users and distributers later for infringing on that patent. It would be a terrible, but legal, thing to do.

    The downside to it being a contract is that contract law varies GREATLY from country to country. This is why the FSF has tried to keep the GPL/LGPL tied to copyright law only. Copyrights, while they vary between countries, don't vary as much as contracts do. This means that there could be legal complications based on geography.

    Even Linus Torvalds says that the GPL isn't a perfect license. In my work, I know that it isn't since I develop web scripts which, if GPL-licenced, would allow people to build amazing capabilities into it and never share the source they used for their site. GPL-incompatible doesn't mean bad. In fact, it can be good. The Affero licence (which is the GPL plus a provision that if you use it to power your site you have to offer that code to visitors of the site - since one might make cool modifications to power a site and then never actually distribute it).

    The GPL is a great licence, but it isn't perfect. Right now, the GPL 3 is being written and if it is written to include things like patent grants and such, it would be compatible with this licence. Most people, including me, had hoped that this would be a big present for the Linux community and so there is a lot of disappointment at a GPL-incompatible license. That is to be expected. It would have been great if it were GPL compatible. The amount of code-sharing that could have happened would have been amazing. Of course, the GPL 3 might make that code-sharing available (I'm unable to ever give up hope) and it's still good to have another good opensource operating system to compliment the BSDs and Linuxes.

    1. Re:Contracts, Copyrights, Compatibility, Hope by Lehk228 · · Score: 2, Insightful

      A company could GPL-licence software that used a patent they owned and then sue users and distributers later for infringing on that patent. It would be a terrible, but legal, thing to do.

      Probably not, I am pretty sure the court would consider such an action to be in bad faith, or failing to mitigate infringement, or willfully contributing to the infringement.

      --
      Snowden and Manning are heroes.
  29. I think it's a horrible idea by Anonymous Coward · · Score: 0

    This kind of term means that by contributing or distributing code under such a license, you may ACCIDENTALLY be giving up the right to take patent actions against persons unknown. I cannot IMAGINE this would do anything but scare people away from distributing code under such a license. I could imagine people even declining to mirror such projects on an FTP site they own, because by doing so they may be accidentally waiving the right to take patent actions against someone they aren't quite aware of.

    The GPL as it stands is very clear regarding patents. If you distribute GPLed code you must allow people to use patent. There's no "accidental licensing".

    1. Re:I think it's a horrible idea by KarmaMB84 · · Score: 1

      If you use the Sun source, you can't file a suit over a patent regarding something in the source AND continue using and distributing the source or binaries.

    2. Re:I think it's a horrible idea by julesh · · Score: 2, Informative

      This kind of term means that by contributing or distributing code under such a license, you may ACCIDENTALLY be giving up the right to take patent actions against persons unknown.

      You cannot give up such right without actually giving those persons a patent license. You may have to be prepared to cease distributing the software within 60 days if you do, though. I don't think this will bother many people.

  30. GPL isn't only fo religious fanatics by Uukrul · · Score: 1

    but none of these licenses is compatible with GPL. Which is OK for me, I'm not a religious fanatic
    The GNU General Public License has done possible the existence of Open Source. So a lot of people thikns that it's a great idea, and I don't think that they are religious fanatics. They just prefer the GPL filosofy and objectives.

    I just want my software to be free (as in beer) and usable
    If you want gratis software then just pirate it like a bunch of people do.

    --
    My city: Barcelona.
    1. Re:GPL isn't only fo religious fanatics by Anonymous Coward · · Score: 0

      done possible the existence of Open Source ???
      filosofy ???

      Please, for the love of RMS, please please sepll check

    2. Re:GPL isn't only fo religious fanatics by sp0rk173 · · Score: 2, Interesting

      If you want gratis software then just pirate it like a bunch of people do.

      Because Some people care about doing things legally. Free/Open Source Software provides a legal means to be productive on a computer with a tight budget. I really wish GPL fanatics would realize that the general public DOESN'T CARE about software "wanting to be free" and DOESN'T CARE about developers not wanting their work to be usurped for corporate profit. They want high quality, usable software for free. Period. They want to not have to worry about the slim chance that Adobe/Microsoft/Macromedia might come after them for having a pirated copy of an over-priced application.

      These people are the ones who will make open source software popular. They are the ones that will put 50 bucks down for mandrake or SuSE, and in so doing, buy an entire system full of useful apps whose windows/apple counter parts would have cost them hundreds of dollars. They don't give a shit about GPL vs BSD vs MIT vs blah blah blah. They just care that the software works, and that it works well, and that it's FREE as in mother-fucking-gratis. Don't characterize them as would-be-pirates because they don't give a shit about your (ph|f)ilosophy. Don't look down your nose at them because you're a developer and you know what open source is really all about. Pull your head out of your ass and realize some people:

      1. Don't care.

      2. Don't want to break the law.

      You'll just push them away.

  31. This stinks! by Alwin+Henseler · · Score: 1
    disclosure: I work for Sun.

    Good, so maybe you can shine your light on this, I quote from the draft license itself:

    "4.1. New Versions.

    Sun Microsystems, Inc. is the initial license steward and may publish revised and/or new versions of this License from time to time. Each version will be given a distinguishing version number."

    So, besides distributing patches to software, we can start distributing patches to licenses as well?

    Great. Just what everyone needed.

    1. Re:This stinks! by dangermouse · · Score: 4, Insightful
      Good, so maybe you can shine your light on this

      Sure, but not because I work at Sun. Like I said, I don't have anything to do with this stuff.

      So, besides distributing patches to software, we can start distributing patches to licenses as well?

      The provision you quoted is nothing new, and I really don't see what the big deal is. From the GPL:

      9. The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.

      Each version is given a distinguishing version number.

    2. Re:This stinks! by HiThere · · Score: 1

      *That*'s not a problem with this license, at least not as long as it doesn't start saying something like "...and you are responsible for knowing and abiding by the revised terms...". I've seen a few like that, where you're supposed to check, perhaps at a web page, every few days. As long as they aren't claiming that the revised terms start applying the the code you've already licensed, then I don't have any trouble with that.

      OTOH, I doubt that I'll be interested enough to look at it. It's incompatible with the GPL, and that's sufficient that my interest in it will be quite minimal. Still...it's an open source license, which is an improvement over the license that they use with Java. And that's an improvement over the license that MS used on MSWind 3.1 which was better than the MSWind95 license which was better than MSWind98 which was better than MSWind2000 which was better than...

      This is likely to be as good as the license that Apple uses for Darwin. Not bad, but not really interesting.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    3. Re:This stinks! by Anonymous Coward · · Score: 0

      pwned -> Alwin Henseler (640539)

    4. Re:This stinks! by Alwin+Henseler · · Score: 1
      Unbelievable... practically all software includes lots of license info, some of it changes from time to time, so why should this be a problem? I thought /. crowd was very capable of spotting a comment that aims for the "funny" mark. But no, multiple readers that took my comment seriously... *sigh*

      Please go here now.

    5. Re:This stinks! by HiThere · · Score: 1

      Appearantly you haven't been following Sun press releases. It would not be surprising for them to have been totally obnoxious. They weren't. They were even reasonable.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
  32. Re:If you RTFA... by Anonymous Coward · · Score: 2, Insightful

    And you're an anti-GPL zealot... Just as bad in my view.

    Authors of source have the right to license their work however they like, whether it be GPL, BSD, CPL, MPL, etc. Diversity in licenses is a good thing, but that doesn't make the GPL evil.

    -ragnar

  33. [OT] Done by Uukrul · · Score: 1

    Please, for the love of RMS, please please sepll check
    I has downloaded SpellBound 0.7.1. I have done it for RMS, not for you. :)

    --
    My city: Barcelona.
  34. I hope it's not GPL compatible... by CaptainPinko · · Score: 1
    I for one don't think Linux is the superior kernel, and I don't want the two to merge. Remember: competition is a good thing (tm)? Lets support diversity not inbreeding and two strong -but separate- open source projects.

    That said I'm waiting for tolls to popping-up from their Firefox browsers to say MPL is to restrictive.

    That said, where did the idea come from that just because Solaris was going to be open-sourced it needed to be incorporated into Linux?!

    --
    Your CPU is not doing anything else, at least do something.
    1. Re:I hope it's not GPL compatible... by Anonymous Coward · · Score: 0

      It's the same thing as BSD. Slashdot folks hate anything that is not Linux.

  35. Re:If you RTFA... by Tony+Hoyle · · Score: 0, Flamebait

    The GPL has the viral component that removes the right of authors to license their work however they like...

    If you use a GPL library you can't then MPL your parts of your code.

    I'm not saying the GPL is evil (I used to really like it, until I ran up against this insanity), but it could sure use some updating.

  36. did you even read it? by ArbitraryConstant · · Score: 1

    Wow. A heart-felt statement from someone that's not even remotely informed.

    Section 2.2: "Conditioned upon Your compliance with Section 3.1 below and subject to third party intellectual property claims, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license"

    Wow. Instead of stopping you from distributing it, they actually explicitly say you can.

    Go away.

    --
    I rarely criticize things I don't care about.
    1. Re:did you even read it? by RLiegh · · Score: 1

      The rudeness is uncalled for, particularly since your quote does not address the ability to sell modified versions of the sun source (something one can do with GNU, obviously) and, in fact, does not even state that what manner of license you're granted!

      There is nothing even remotely resembling an explicit statement allowing redistribution in the quotation you cite there, so pack up your bitchy little tude and fuck off back to the bog you crawled out of.

      Thank You.

  37. Re:If you RTFA... by Anonymous Coward · · Score: 0

    Stop spewing this crap.

    Authors can license *their* work HOWEVER THEY LIKE... ALWAYS.

    The GPL limits the licenses YOU can put on OTHER PEOPLE'S WORK.

    You can license YOUR code under the GPL and another license at the same time. You can distribute your code and the GPL library *separately* (which means you can put them on the same CD or the same web site, but you can't link them together and distribute binaries).

    And remember, ALL licenses from the BSD on up have an "inherited" component. Would you like to take that BSD library and pretend you wrote it? No, you can't , the BSD license forbids that. Oooh, viral!!! I'm bein' opressed!

  38. Re:If you RTFA... by Anonymous Coward · · Score: 0

    There is a big difference between the BSDL and the GPL. On one hand we have the BSDL that says "license it however you want as long as you don't claim you wrote it(linux users have a problem with this since they seem to like to rip BSD code and claim they wrote it)". Then we have the GPL which requires you to keep it GPL'ed. Now um which one is viral?

  39. Open Source ? Not this license by Alan+Cox · · Score: 4, Informative

    If Sun are going open source then tell me why they've changed the MPL so they can include third party patented material without telling you (See the section 3 changes) and which you would have no rights to.

    The MPL requires that anyone using third party patented material declares it so that you know if its contaminated and non-free as a contributed. The Sun license allows them to slip anything the like into the code then smile as a third party sues people for their contribution.

    In general the changes are mundane (Software for Code etc) or in some cases quite sensible - legal jurisdiction, simplifying the definition of creator, but that one change is quite evil on first reading

    1. Re:Open Source ? Not this license by Anonymous Coward · · Score: 0
      According to Sun's CDDL site the change was made to simplify the license:
      The required notices in the MPL regarding third party claims and patents (formerly in MPL Section 3.4(a) and 3.4(b)) have been eliminated; they seemed overly burdensome and likely to prevent wider acceptance of the license by by the community. Additionally, none of the other major open source licenses (e.g., GPL, BSD, CPL, OSL) require such disclosures.
      The terms of section 2.2 grant a world-wide, royalty-free, non-exclusive license to any patent rights the contributor knows about and section 3.2 makes contributors assert they have rights to their contributed code so I can't help thinking you're being a bit extreme - seems the simplification is appropriate as the bases are covered.
    2. Re:Open Source ? Not this license by ThJ · · Score: 1

      I didn't realize you were on Slashdot, Alan. I had a look at your Slashdot page. Amusingly enough, I suspect you're one of few people on this site who can be said to have actual fans. ;)

    3. Re:Open Source ? Not this license by ThJ · · Score: 1

      ... by this, of course, I'm refering to your "Fans" list. ;)

    4. Re:Open Source ? Not this license by dangermouse · · Score: 1
      I've already posted, so I can't mod this AC's post up for visibility. Someone maybe should, since it's the only actual response to Alan's question, and this seems a point worth discussing.

      According to Sun's CDDL site the change was made to simplify the license:
      The required notices in the MPL regarding third party claims and patents (formerly in MPL Section 3.4(a) and 3.4(b)) have been eliminated; they seemed overly burdensome and likely to prevent wider acceptance of the license by by the community. Additionally, none of the other major open source licenses (e.g., GPL, BSD, CPL, OSL) require such disclosures.
      The terms of section 2.2 grant a world-wide, royalty-free, non-exclusive license to any patent rights the contributor knows about and section 3.2 makes contributors assert they have rights to their contributed code so I can't help thinking you're being a bit extreme - seems the simplification is appropriate as the bases are covered.
      (Pls mod up the original AC response, and mod down this one.)
    5. Re:Open Source ? Not this license by Alan+Cox · · Score: 1

      Thanks. I appreciate that pointer. I'd missed the specific change to knowing about - yes that seems a very reasonable way to rework it.

    6. Re:Open Source ? Not this license by xcomm · · Score: 1

      >If Sun are going open source then tell me why >they've changed the MPL so they can include third >party patented material without telling you (See >the section 3 changes) and which you would have no >rights to.

      Sounds a bit like SCO did opening code and hoping it goes into some open source... like some trojan...

  40. Re:If you RTFA... by kscguru · · Score: 1
    If the GPL is so wonderful, why isn't everyone using it? Why did Apache, Apple, Mozilla, and everyone else need to release some other license?

    I'm not claiming the GPL is evil. (Nor, in fact, am I claiming Microsoft's EULA's are evil). I am claiming that the GPL is overused, that too many GPL advocates see "Open Source" and assume GPL the complain when it's not GPL, when Open Source actually encompasses a far broader range of licenses.

    --

    A witty [sig] proves nothing. --Voltaire

  41. Re:If you RTFA... by kscguru · · Score: 1
    You conveniently ignore one very important point: patches against a big GPL codebase are WORTHLESS without the rest of that codebase.

    Yeah, I can write a patch to the linux kernel (or any other GPL project) and license it however I want. But for anyone to make use of my patch, they'll have to make use of GPLed code as well - what, you expect me to believe that my patch will cleanly apply to the BSD kernel?

    If an author contributes code to a large GPL codebase, he is de facto required to GPL it. Sure he can release it under some other license; however, to make use of it, everyone else will have to apply it to the original GPLed code, which immediately brings it back under the GPL. The author has your so-called freedom in name only, but can never make use of that freedom; in my book, that means the author is just as restricted as the GPL.

    The GPL limits the licenses YOU can put on OTHER PEOPLE'S WORK

    Let me point out again: an author's work is worthless without the GPL code that the work modifies. Thus, the author must de facto release his code under the GPL - thus, the GPL is viral. I am reminded of a Henry Ford quote: "You can choose any color. As long as it's black."

    The GPL is a great license ... for anyone who believes all code should be GPL. For everyone else, it's just as bad as a Microsoft EULA.

    Before you respond, answer this question: What benefit would Sun get from releasing OpenSolaris under the GPL instead of this MPL-clone? Not what advantage YOU get ... I'm asking what advantage Sun gets.

    --

    A witty [sig] proves nothing. --Voltaire

  42. I have the same schizo feeling by Fallen+Andy · · Score: 1

    about sun. Sometimes (like OOo) it feels that they are our best friends. Other times, (like the MS+SCO thing) it feels like they are like the bad old days of IBM. I think we should wait and see though. They, like any big organization have lots of internal politics. (Look at what anders has engineered over at MS for an example). Still, I'm willing (despite a rather nasty paranoid post i made about solaris 10 here previously) to give them some time. Let's see if they really understand OSS. I sure hope so. I'm spending a lot of time trying to see if OOo works in a greek env, and getting interestingly mixed feelings so one day soon i may go live rather than hide in the OSS closet.

    Hope the weather is improving in your part of the world alan, and thanx for the penguin at my old alma mater (aka Bristol). BTW: how long do those
    guys live? Bet they hate the rain though...Always rains in Bristol. (This year in athens very little rain)

    Cheers from
    Athens Greece
    Andy Allen

  43. Similarities and differences to MPL by expro · · Score: 1

    What Sun probably did not do, was triple license for compatibility, as Mozilla did (you can use alternative licenses of GPL or LGPL if you choose). This makes the work much less useful to outsiders who are not part of the Sun mainstream.

    Admittedly this weakens the terms, but it shows much greater goodwill as opposed to code that cannot be easily incorporated in GPLed works in spite of the GPL code that keeps showing up in proximity to Solaris.

    In fairness, Linux is also not triple licensed to serve Solaris, but how would you expect it to be at this point or in the future now, since Sun, coming after, defined the incompatibility.

    FWIW, I always liked the MPL patent "gotcha" clause which has been mentioned in conjunction with this new license (Good work Mitchell Baker).

    1. Re:Similarities and differences to MPL by oldosadmin · · Score: 2, Insightful

      What Sun probably did not do, was triple license for compatibility, as Mozilla did (you can use alternative licenses of GPL or LGPL if you choose). This makes the work much less useful to outsiders who are not part of the Sun mainstream.

      OpenOffice.org is Dual SISSL/LGPL.

      I wouldn't doubt solaris being the same.

      --
      Jay | http://oldos.org
  44. Does Sun doesn't want to survive? by Anonymous Coward · · Score: 0

    If not there is no reason. They can miss their last chance.

  45. Re:aw, did widdle baby get his feewings hurt? by Anonymous Coward · · Score: 0

    Judging by the fact he foed me; it looks like ArbitaryConstant can't take what he dishes out.

    Oh well, ain't my problem...

  46. Re:Korean Soviets by Procyon101 · · Score: 1

    Shouldn't that be, "In Soviet Russia, Koreans are older than YOU!" ??

  47. Re:If you RTFA... by 808140 · · Score: 5, Informative

    I'm not sure if you're deliberately trolling or just confused. I think I agree with the poster who said that you're just an anti-GPL zealot. But in case you're truly misinformed, I'll give enlightening you a stab.

    You conveniently ignore one very important point: patches against a big GPL codebase are WORTHLESS without the rest of that codebase.

    How exactly is this a very important point? If you are contributing to someone else's code, you of course need to make your code available using a compatible license. For example, if I decide to contribute a patch to Mozilla or OpenSolaris, I will have to provide my work to them under a license compatible with their codebase, if I want them to be able to distribute it.

    This has nothing whatever to do with the GPL. I'm not sure what your point is. If I decide to contribute a patch to say, some component of OpenBSD, I'll need to provide said patch under the BSD license. So this point trivially applies to every single license.

    Yeah, I can write a patch to the linux kernel (or any other GPL project) and license it however I want. But for anyone to make use of my patch, they'll have to make use of GPLed code as well - what, you expect me to believe that my patch will cleanly apply to the BSD kernel?

    Ok, now we're out in "What the fuck?" land. If you write a patch for the linux kernel, you're contributing to a GPL'd project. The only people that can benefit directly from this patch are people that use Linux. Presumably, if you're hacking the Linux kernel, you yourself use Linux. I mean, if I hack software package A, and improve it in some way, only people that use software package A are going to see the fruits of my labor.

    Maybe you meant something like, you write something complex, say, a cryptographic algorithm, and submit it as a patch to the linux kernel. Then, the BSD guys (who also would like to have said algorithm in their kernel) are forced to reimplement it, instead of just taking your patch and hacking it.

    Now, if that is what you mean (and I can't be sure, because that's not what you said) then you're wrong, quite simply. You can license your patch to the linux kernel under a BSD license. The linux guys can still use it. And so can the BSD guys. So again, it's just a matter of you (the author) choosing the license you want to distribute your code under.

    Now, copyright law covers distribution of code only, so you could even write a patch to the Linux kernel and release it under some GPL-incompatible license -- no problem! But the Linux guys wouldn't be able to incorporate your patch, because then they would be distributing it under the terms of the GPL, which is incompatible with your license. But you could still make your patch available for free at some other source; and if a user downloaded your patch, they could apply it to the Linux kernel themselves and use it, and it would be completely legal, as long as they didn't try to redistribute your patch under the terms of the GPL.

    It comes down to exactly what the GP said: the GPL prevents you from relicensing other people's code arbitrarily. But for your own code, you can license it however you want, and you can do this regardless of whether your code is a full product or just a patch. You can even distribute it under a bunch of different licenses, if it suits you. It's your code, you're free to license it however the hell you want.

    If an author contributes code to a large GPL codebase, he is de facto required to GPL it. Sure he can release it under some other license; however, to make use of it, everyone else will have to apply it to the original GPLed code, which immediately brings it back under the GPL. The author has your so-called freedom in name only, but can never make use of that freedom; in my book, that means the author is just as restricted as the GPL.

  48. Survive or perish !? by udippel · · Score: 1

    I for one would have welcomed a really Free Solaris. I don't see the Linux kernel superior to Solaris kernel. And if there was full compatibility of Linux and Solaris - also licence-wise - I'd have been the first to switch to Solaris as basis for all my machines. Running mostly Linux apps on it, of course (availability !). With the new Solaris file system, compartments, everything. With the same hardware compatibility that the Linux kernel has.
    That's what I had called a Killer App !

    Some pointed out rightly that then SUN would endanger the future of their emplyees, pension fonds.
    IMHO they also endanger the same by trying to stick to their own 'Third Path' to success. This is the real death knell to their future: Not becoming part of the big wave rolling; fully tapping Open Source.

    Good Night, SUN; very sorry to see you go !

  49. Re:If you RTFA... by Eric119 · · Score: 2, Insightful

    In this sense, the GPL is viral. If you use any GPL code -- even a line -- in your program, you must GPL all the code in your program.

    This statement isn't totally accurate. Copying a single line of code constitutes fair use, which the GPL has no authority over (since it only licenses, and doesn't restrict). Thus, you can copy a single line of code without being compelled to GPL your work. (And of course virality only applies if you distribute it.)

  50. Re:If you RTFA... by 808140 · · Score: 1

    I stand corrected. Thanks for pointing this out. It hadn't occured to me, for some reason, that fair use applied to source code also -- but obviously it must.

    Thanks.

  51. Re:aw, did widdle baby get his feewings hurt? by Anonymous Coward · · Score: 0

    How about you don't be a smacktard and READ THE MOTHERFUCKING ARTICLE AND LICENCE BEFORE YOU POST. It's not that fucking hard.

  52. Symlink has had this for ages by mirabilos · · Score: 1

    The German-language Slashdot equivalent symlink.lu
    has had this for ages (two days longer), cf.
    http://www.symlink.ch/article.pl?sid=04/12/02/0954 249&mode=nested

    On the other hand, ln-s often symlinks to /.

    --
    My Karma isn't excellent, damn it! (And /. still does not get UTF-8 right in 2012. Wow.)
  53. It is not only about code sharing by kompiluj · · Score: 2, Insightful

    What I see as a vital point in distributing code with source and license allowing for changes is the ability for the users to change the code. This might seem bit obvious, but it was the nerve behind GPL (you can read about it in the book about Stallman). For me Linux or BSD are much better than Solaris, because when something does not work in Solaris I have to find a klugde to go around. If I have the same problem in Linux or BSD I can always fix the broken code. This is of course tedious task, but sometimes you have no other choice. In closed source environment you don't have such an option. In my opinion releasing Solaris with source code would really help. It would also allow for writing better software for Solaris, since there is no better way to understand the inner workings of some software feature than to see the source code. The only problem is how much code would be open sourced. I would hope for the most important parts of kernel (memory, scheduler) and network stack (fire engine). Otherwise there is really not much sense in open sourcing (at least in my opinion).

    --
    You can defy gravity... for a short time
  54. Re:If you RTFA... by Anonymous Coward · · Score: 0

    It would be fair to point out that the FSF make this very clear in their FAQ's. They also point out that you are allowed to study the GPL's code, learn from it and implement your own version.

    The accusation that GPL is viral is simply another way of saying that code under the GPL is protected from abuse.

    If it were possible to take GPL code, combine it with BSD code, and release the result under a BSD licence, that resultant code including the GPL's fraction can subsiquently be taken propriatory, clearly against the wishes of the original author of the GPL's code.

    As far as I can see the GPL includes the minimum additional baggage to maintain the original authers wish for his code to be kept as open source.

    If there is another way of achieving that objective, other than the one adopted by the GPL, I can't see it.

    The "GPL is viral" polemic seems to originate with disaffected BSD developers that have made good money deriving propriatory spin offs of BSD, and see their cash cow threatened and is now taken up by the baying masses on slashdot without understanding the lack of alternative, commensurate with achieveing the original objective.

  55. Glad they did. Re:Open Source ? Not this license by hacksoncode · · Score: 1

    If you have to declare any patented content, you have to know whether your content is patented. Not a good idea in general. Now, if *you yourself* have patented the content, this license doesn't require you to disclose it, but it does require to license it royalty-free, so what's the big diff?

  56. Sun Exec to speak at SCALE 2005 by Anonymous Coward · · Score: 0

    Marc Hamilton, Director of Technology for the Global Education and Research group at Sun Microsystems, will be speaking at the Southern California Linux Expo. SCALE will be held at the Los Angeles Convention Center in Los Angeles, CA.

  57. Nealy, playing the Sun ZX support game AGAIN. by sethstorm · · Score: 1

    Well, I'd not mind if they still kept the sun4m if not the full sun4 series in the code release. Sure, they might be old machines, but not giving the code out says they're up to the same games. Drop support for something in less than one version (Sun ZX 3d framebuffer). Drop it completely if it would work well. If it's possible to have the ability to have the code and to have it workable with the sun4's there'd be not much of a problem in the whole implementation. 2.6/7/8/9 break a bit too many things - ZX purposefully broken in 7 onward, dependencies on things unable to handle 2.6 as well as no way to even get 2.6 if you wanted to get a sparc running it.

    --
    Twitter supports and protects racists - by smearing their critics with the "Hate Speech" label.