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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."

24 of 218 comments (clear)

  1. 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 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
    3. 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.

    4. 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.

    5. 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
    6. 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
    7. 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.

  2. 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?

  3. 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.

  4. 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.

  5. 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.

  6. 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.)

  7. 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.

  8. 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.

  9. 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.

  10. 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

  11. 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.)

  12. 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.]
  13. 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.
  14. 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.

  15. 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
  16. 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.)

  17. 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