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Sun's Patent and Licensing Practices Examined

RMX writes "Groklaw has an excellent analysis of some Patent Questions About the CDDL. For /.ers who don't like reading a lot, the most important point is that 'it would be possible for developers co-developing Open Solaris to someday find themselves blocked from distributing code by a Microsoft patent infringement claim, while leaving Sun, because of their cross-licensing deal with Microsoft, free to continue to distribute the contributed code.' The article also notes that 'The short answer why [some particular clause] is needed in the CDDL and not the GPL is that Linus Torvalds has not just entered into a cross-licensing arrangement with Microsoft, the relevant details of which are not public'. Makes you wonder what those relevant details are?" And reader rudy_wayne writes "David Berlind's column Will Sun's 1600 patents suck the life out of Linux? talks about Sun's open sourcing of Solaris 10 and the problems that occur due to the fact that so many open source licenses are incompatible with each other. One of his most important points is 'when a large company -- IBM, Sun, or anyone else-- donates code to the open source community with a one-off license, like the Eclipse Public License (IBM) or the CDDL (Sun) it gives those companies a way to donate their code to the open source community, which in turn can enhance it to the benefactor's advantage, without that code leaking into a competitor's product (with a non-reciprocating license) in such a way that it can be used against the benefactor.'"

265 comments

  1. Wow by Anonymous Coward · · Score: 0

    That's a lot of text. Paragraphs are our friends.

  2. Sounds like M¥ro$o£t by schestowitz · · Score: 0

    M¥ro$o£t have been using these practices for years.. so what's the big news?

    --
    My Linux - (L)ove (I)s (N)ever (U)tterly eXPensive
  3. RTFA by joNDoty · · Score: 3, Funny

    How am I supposed to RTFA when the summary alone fills my entire browser window!

    1. Re:RTFA by Anonymous Coward · · Score: 0

      Use a better resolution?

    2. Re:RTFA by Anonymous Coward · · Score: 0

      Turn your mointor on its side.

    3. Re:RTFA by Anonymous Coward · · Score: 2, Funny

      Generally users on slashdot are smarter then this....

      To read the article, you simply need to point your cursor (The white arrow shaped thing on your screen) on top of the link.

      If you have done this correctly, the cursor arrow should change into a hand. If it is not a hand, try moving the cursor closer to the link.

      Once you have successfully moved over the link, press your left mouse button once. The article should come up for you to begin loading.

      If you have any further questions please email us at support@microsoft.com.

      Was this article helpful
      Yes | No

    4. Re:RTFA by Anonymous Coward · · Score: 0

      Turn your mointor on its side.

      Fuck. Most of the pixels poured out of one of the speaker.

    5. Re:RTFA by m50d · · Score: 1

      I have no arrow, just a block where text is black-on-white, and it certainly doesn't turn into a hand, you insensitive clod.

      --
      I am trolling
  4. Translation please by drgath159 · · Score: 1

    Who wants to translate that summary into english for us ANALs?

    Off to RTFA will probably less luck.

    1. Re:Translation please by Anonymous Coward · · Score: 0

      I would, but I don't speak asshole.

      (Hint. Read what you just wrote. Again. More carefully.)

    2. Re:Translation please by lakeland · · Score: 3, Informative

      Summary: There is a bug in the draft of the licence. With any luck it will be fixed when the licence is released.

    3. Re:Translation please by sl4shd0rk · · Score: 1

      Lay down with whores, wake up with sores.

      --
      Join the Slashcott! Feb 10 thru Feb 17!
    4. Re:Translation please by Anonymous Coward · · Score: 0
      Well I support your cause and all, but I don't think this licensing issue will effect Aft Nuclear Accident Locker

    5. Re:Translation please by ponds · · Score: 1

      off to RTFA will probably less luck.

      Translation please?

    6. Re:Translation please by drgath159 · · Score: 1

      Sorry to offend the spelling police.

    7. Re:Translation please by Anonymous Coward · · Score: 0
      Or... Microsoft and Sun as part of their $2 billion IP-licensing agreement decided to try to divide and conquor the open source community by making incompatable licenses while subtly retaining patent rights to the IP.

      All depends how you read it.

    8. Re:Translation please by Anonymous Coward · · Score: 0

      off to RTFA will probably less luck.

      Translation please?


      fora à vontade de RTFA provavelmente menos sorte.

      HTH

    9. Re:Translation please by Anonymous Coward · · Score: 0

      Dude. It's not spelling... you just said you were ANAL. As in, pertaining to the ass...

    10. Re:Translation please by Anonymous Coward · · Score: 1, Funny

      It's not a bug, it's a feature!

  5. The even shorter answer by lakeland · · Score: 3, Informative

    This is a bug in the draft licence which sun is actively working on. It won't be a problem in the final version. For some reason the summary forgot to mention that...

    1. Re:The even shorter answer by Anonymous Coward · · Score: 0

      so this entire "news" thread is about a bug in DRAFT copy that has been found and solved? what is the "news" here?

    2. Re:The even shorter answer by Anonymous Coward · · Score: 3, Insightful

      ???? Precisely which "bug" are you refering to?

      The fact that the CDDL is incompatible with the GPL and ties prospective users to Sun products exclusively, or the fact that the Sun - Microsoft cross-licensing agreements will remain undisclosed to prospective developers?

      Caveat emptor!

    3. Re:The even shorter answer by Anonymous Coward · · Score: 0

      The fact is that Sun is now indemnified against Microsoft licensing issues and patent claims.

      This indemnification is not extended by Sun to third party CDDL licensees. Nor could it be. What corporation would indemnify third parties?

      So developers who produce code under the CDDL can get sued by Miscrosoft, but Sun can't. Makes me wanna rush out and do some Solaris coding!

    4. Re:The even shorter answer by Anonymous Coward · · Score: 0

      Yeah, but that's equally true about IBM, Apple, HP and anyone else who works on open source stuff and has back-room patent deals with Microsoft (and they all do).

    5. Re:The even shorter answer by Anonymous Coward · · Score: 0
      And the bug is that the open source community caught Balmer and Schwarz red handed with their legalese that protectetd their IP rights.

      No doubt the updated license will be more subtle.

      Sun: It's not that hard. As Bruce Perens pointed out IBM presented a model for the right way of doing this.

    6. Re:The even shorter answer by SunFan · · Score: 0

      The fact that the CDDL is incompatible with the GPL...

      People should stop caring so much about this. Sun had to figure out the best terms for laying out hundreds of millions of dollars worth of IP, and they found satisfaction with the CDDL. This is their right, and OSS advocates everywhere need to respect this and wish Sun luck.

      --
      -- Microsoft is the most expensive commodity operating system and office suite vendor in the marketplace.
    7. Re:The even shorter answer by Anonymous Coward · · Score: 0

      OSS advocates everywhere need to respect this and wish Sun luck

      You're weird. Why should I wish Sun or any company luck. It's a free market bitches, may the best product win. (Or in the case of Windows) May the most mediocre product be forced upon users everywhere.

    8. Re:The even shorter answer by SunFan · · Score: 1


      Why should I wish Sun or any company luck.

      Because everyone is an underdog in this Microsoft world of ours.

      --
      -- Microsoft is the most expensive commodity operating system and office suite vendor in the marketplace.
    9. Re:The even shorter answer by Bruce+Perens · · Score: 5, Insightful
      I have discussed this twice so far with one of the PR people listed on the press release regarding the 1600 patents. Never has there been a mention of "bugs" in the license.

      And the story keeps getting worse: They can sue Linux developers over those patents. They can sue their own Open Source partners. Now we hear it's part of a new IP licensing arrangement with Microsoft.

      I am having very much trouble getting a warm fuzzy feeling of trust like the one I would want to have about a company before contributing to their software.

      Bruce

    10. Re:The even shorter answer by Bruce+Perens · · Score: 5, Insightful
      People should stop caring so much about this.

      You can't be serious.

      Everything we've heard about Sun's strategy so far seems to be geared to act as a "spoiler" rather than a partner in the Open Source community. The most egregious part is the implicit threat: we've got 1600 patents held over your head, Linux users, and we've got an agreement with Microsoft about them...

      I care a whole lot.

      Bruce

    11. Re:The even shorter answer by Jah-Wren+Ryel · · Score: 1

      People should stop caring so much about this.

      Come on Scott McNealy, we know it's you.

      If you are going to astroturf, you shouldn't do it with a username of "Sun Fan" -- we all know who Sun's number one fan is after all...

      --
      When information is power, privacy is freedom.
    12. Re:The even shorter answer by Anonymous Coward · · Score: 0

      These patents DON'T affect Linux or FreeBSD as they are at the moment. There could be potential trouble if Linux developers take Sun's generosity for granted or try and screw them!

      I for one couldn't give a shit as I will pay for code (progs/apps) I need and/or value.

      As a programmer ... I wish I left school early and took up bricklaying, carpentry or became an electrician instead ... I guess it's never too late.

    13. Re:The even shorter answer by Anonymous Coward · · Score: 0
      Because everyone is an underdog in this Microsoft world of ours.

      Underdog in what respect? In plenty of segments Linux is a clear leader -- highly scalable clusters (Google, Amazon) -- embedded appliances (Cisco/Linksys home routers.

      Not everything is about marketshare of the desktop.

    14. Re:The even shorter answer by l3v1 · · Score: 1

      People should stop caring so much about this

      Only a prick, or someone whole heartedly against FOSS development and community would say anything even remotely close to this.

      If a company makes sources available only to allow others to freely improve it then the company profiting from the free work of others, but not allowing them to use either the original or the improved version in any ways even close to FOSS, then that is something that we should damn well care about.

      If the further developed sources would remain in the hands of the people who worked on it to use them following the ways of FOSS and GPL, that would be good indeed. But this is absolutely not the case here.

      They just seek free labor and at the same time try to make themselves appear good guys standing on FOSS people's side. Which - in this move at least - they don't.

      --
      I am putting myself to the fullest possible use, which is all I can think that any conscious entity can ever hope to do.
    15. Re:The even shorter answer by Anonymous Coward · · Score: 2, Interesting
      And the story keeps getting worse: They can sue Linux developers over those patents. They can sue their own Open Source partners. Now we hear it's part of a new IP licensing arrangement with Microsoft.

      You do realise you are spreading anti-Sun FUD. It might be true - though I personally doubt that - but it's most definitely FUD. You're saying "if you partner with Sun they can sue you over these patents". FUD. FUD. FUD.

      I hate this "new wave" political arm of OSS. I much prefer the reliable ranting of RMS regarding Free Software to the OSS FUD from Bruce and ESR.

    16. Re:The even shorter answer by turgid · · Score: 1
      This may be flamebait, but is also insightful.

      Bruce has invested his career in "Linux", was one of the original Debian people and was previously employed by HP, whi fired him when he was too public in his support of Linux and Free and Open Source Software, as was reported here.

      What he did was to expose HP's pro-Linux propaganda for what it was.

      Unfortunately for a lot of people, Solaris is a much more mature and high-quality kernel than Linux, in many ways. Linux was "open source" first, and so has the biggest bandwagon.

      The Open-sourcing of Solaris is a direct swipe at IBM, HP and RedHat, but especially RedHat. You don't need to be a brain surgeon to figure that out.

      Internally, Solaris is a very different design to Linux. I'm sure when it is opened, the Linux fanboyz will deride it for many religious reasons, however, if an enthusiastic community of developers springs up around Open Solaris, Linux is in for a run for its money, so to speak.

      RedHat and HP will be the biggest losers.

    17. Re:The even shorter answer by Anonymous Coward · · Score: 0

      We know you care:

      ------May 10, 2004, http://www.linuxworld.com/story/44761.htm

      Summary
      Open source activist Bruce Perens has joined the board of directors of Open Source Risk Management (OSRM), the New York start-up that recently secured Groklaw's Pamela Jones as its Director of Litigation Risk Research.

      -------------------

      So your a good insurance salesman depending
      on your little legal PJ's slut's advise.

    18. Re:The even shorter answer by Registered+Coward+v2 · · Score: 3, Insightful

      I care a whole lot.

      Yes, but what we should care about is wether the consumer benefits, not its impact on Linux or any other OS.

      If consumers get a better product for less, they they win. If Linux suffers, then it is beacuse it hasn't convinced consumers that it is better, and deserves its fate.

      OSS is a good, but not only, model for software development. In a free market, a company has a right to decide how to go to market and whether to share its work.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    19. Re:The even shorter answer by Anonymous Coward · · Score: 0

      So if you care shouldn't you be using your
      paypal account and contributiing to PJ Groklaw
      site. Or if your a big corp you should be
      buying Linux insurance from Bruces company
      right. Talk is cheap. Pay up.

    20. Re:The even shorter answer by Anonymous Coward · · Score: 0

      But you can buy Linux insurance.

    21. Re:The even shorter answer by Anonymous Coward · · Score: 0

      Have you even read the liscence? It says SUN will not protect even their 'trusted parters' for 3rd party patent infringement that might be in the code SUN itself is relasing. Thats part of the problem.

    22. Re:The even shorter answer by Anonymous Coward · · Score: 0

      This might help with insurance. Only 49.95 a month.

      ------May 10, 2004, http://www.linuxworld.com/story/44761.htm

      Summary
      Open source activist Bruce Perens has joined the board of directors of Open Source Risk Management (OSRM), the New York start-up that recently secured Groklaw's Pamela Jones as its Director of Litigation Risk Research.

      -------------------

    23. Re:The even shorter answer by darkonc · · Score: 2, Insightful
      anon coward said:
      Have you even read the liscence? It says SUN will not protect even their 'trusted parters' for 3rd party patent infringement that might be in the code SUN itself is relasing. Thats part of the problem.

      In other words, Sun could release code that is Patented by Microsoft, have you improve on it, and then let Microsoft sue you for using it. At that point, they would be free to use your code (because of the cross-licensing agreement), but you'd have to pay a million dollars to (chose at least one of) Microsoft, Sun and/or your lawyers to get the rights to use the code that you gave them for free.

      The part of the mozilla license that sun removed is the one that requires contributors to indicate if they are aware of patents that apply to the code being contributed.

      On the upside(?), I guess that someone else could do the same thing to SUN...

      --
      Sometimes boldness is in fashion. Sometimes only the brave will be bold.
    24. Re:The even shorter answer by thogard · · Score: 1

      The story isn't over yet.

      Solaris 10 has some major changes that I can't audit. That means its not going on my production systems ever.

      I've been recommending top of the line sun gear from the days of the 4/110 (1987) up to a e10k.

      Their current junk (services and zones) is way past the line. I could cope with pipes in /etc (ok so I can still DDOS the system because some moron at sun hasn't figured out /etc is not the place for pipes.)

      What I can't deal with is binary file that change with every boot like the new services stuff. How do I audit that? If someone pokes junk into it, how do I know the system is running stuff when I'm not looking (the cool thing about the new replacement for init/inetd/cron is that you can start programs when no one is logged in). That is a result of a recent com-sci moron that thinks "data hiding" is a good idea. This is init under unix which is one of the only true sandboxes. I look at the new services as adding the windows registry to Solaris and thats a root kit script kiddies wet dream.

      The other sandbox is the partition table. Too bad they haven't figured out IDE disks yet either. Try putting a a disk greater than 128 gig in a sun box and write to all the sectors. Come on guys, track/sector/head went away a LONG time ago. If your OS people don't know that, please fire them.

      The new zones stuff takes something on the order of 2000% of some resources compared to jails from bsd when fully setup (Thanks to their stupid update system which you can't get away from. I want a jail with only a program that can be run from init).

      Sorry guys but all my boxes are scheduled for freebsd which means I don't need your hardware anymore. My tests so far show its faster than Solaris 10 and much faster than Solaris 8/9 and has all the features I need.

      If you get that sort of review from someone that still runs a 1989 hardware because its sun means its time to unload the sun stock. The '89 box still runs sun bsd unix so I'm back to where I started.

      My research on Solaris 10 says they are deader than BSD. And I did unload my sun stock.

    25. Re:The even shorter answer by Bruce+Perens · · Score: 4, Insightful
      Yes, but what we should care about is wether the consumer benefits, not its impact on Linux or any other OS.

      Your sentiment would be correct if this were an open market and a level playing field for all competitors. When software patents are brought into the picture, they are first used to intimidate the customer away from what otherwise might be a technically superior product, and then later on actual lawsuits can be brought to remove that competitor from the market. When a product and competitor are removed for non-technical reasons, quality in general declines due to the decreased need for the remaining products to compete. Prices increase for the same reason. And the consumer loses.

      Bruce

    26. Re:The even shorter answer by Anonymous Coward · · Score: 0

      His sentiment would be correct if he hadn't hooked his whole wagon to the Open Source concept.

      Now, Mr. Perens, about that Gravy Train you thought you were on....

    27. Re:The even shorter answer by Anonymous Coward · · Score: 0

      Thanks for the FUD, Bruce. Shithead.

    28. Re:The even shorter answer by Bruce+Perens · · Score: 3, Informative
      Dear AC,

      When someone threatens you, and tells the rest of the world that they are committing a philanthropic act, it is not FUD to set the story straight. Sun's "grant to the Open Source programmers" is written to threaten the Linux programmers, and indeed anyone who isn't working on Solaris. And yet they promote it as deserving greater recognition than IBM's grant, which was for all Open Source licenses that existed when IBM made the grant.

      Sun's conduct is deceptive, and setting the deception straight is hardly FUD.

      Bruce

    29. Re:The even shorter answer by Anonymous Coward · · Score: 0

      Trust is where a salesman sell you Linux insurance
      and you get to collect.

    30. Re:The even shorter answer by Anonymous Coward · · Score: 0

      Protect yourself buy Linux insurance and risk
      analysis tools.

    31. Re:The even shorter answer by Registered+Coward+v2 · · Score: 1

      Your sentiment would be correct if this were an open market and a level playing field for all competitors. When software patents are brought into the picture, they are first used to intimidate the customer away from what otherwise might be a technically superior product, and then later on actual lawsuits can be brought to remove that competitor from the market. When a product and competitor are removed for non-technical reasons, quality in general declines due to the decreased need for the remaining products to compete. Prices increase for the same reason. And the consumer loses.

      If by level playing field you mean that ideas should not be patentable, there isn't a level playing field, in the US at least, due to our Constitution. Patents are designed to protect the owner's rights to use the idea for a limited period of time. To that extent, Linux (and any other software) must either not violate the patent or obtain a license to use it. Simply not charging is not enough. Eventually, after the patent expires, everyone benefits from teh right to use the inovation, so society and the individual creator 's needs are counterbalanced to benefit both.

      Now, is the patent system messed up and should patent laws be revised to deal with new tech? Certainly, but the need to protect innovation is still there; just as copyrights are needed to protect other types of work. I think we can agree that their is a need for IP, otherwise there would be very little motivation for innovation if you couldn't profit from it.

      As a side note, I had a friend whose company developed a software control for a manufacturing process, only to wind up in a patent dispute with someone who had a patent on a mechanical process to do the same thing; so it's not just software patents that can be a problem.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    32. Re:The even shorter answer by SunFan · · Score: 1


      I'm suprised by your reply. It seems you have become a linux fanboy of the most extreme kind. How is Sun's actions a "spoiler"? Seriously, your only possible complaint is that you can't cherry pick Sun's kernel technology for yourself if you write code under a different license. It is this selfishness that is causing a distasteful reek from the anti-Sun crowd.

      At first, I was impressed that this whole discussion was starting off fairly maturely, but it appears it all fell apart this morning.

      Even worse, the moderators think your opinion is cast in gold from the heavens. My opinion of Slashdot is falling rapidly.

      --
      -- Microsoft is the most expensive commodity operating system and office suite vendor in the marketplace.
    33. Re:The even shorter answer by Anonymous Coward · · Score: 0

      In a free market, a company has a right to decide how to go to market and whether to share its work.

      Not morally speaking. Software patents are highly unethical. Any society that lets "free markets" override morality is headed for disaster.

    34. Re:The even shorter answer by SunFan · · Score: 1


      I don't work for Sun. I don't even play hockey.
      A good astroturfer studies the trolls, the ones who can incite a response without the reader realizing it. My bias is clear, take it or leave it, I don't care.

      Bruce Perens, on the other hand, he is a master astroturfer for the people who make money off of Linux. The people who don't make money off of linux, they don't care. But watch out for Red Hat, HP, and IBM. They do care; they care very much.

      --
      -- Microsoft is the most expensive commodity operating system and office suite vendor in the marketplace.
    35. Re:The even shorter answer by SunFan · · Score: 1

      Only a prick, or someone whole heartedly against FOSS development and community would say anything even remotely close to this.

      No, only a prick, or someone with money to make bashing Sun, would say anything other than I said. What are the core values of OSS? Freedom--from both the developers' and the users' perspective. Sun chose their path, the BSDs chose theirs, Apache chose theirs, and Linux has its own. The are communities unto themselves, and share in other ways with eachother (e.g., sharing applications across systems).

      Again, people are inflating this whole issue. The emotional response indicates Sun is hurting the feelings of the Linux fanboys by not showering them with $500,000,000 worth of easy tech. Please, grow up.

      --
      -- Microsoft is the most expensive commodity operating system and office suite vendor in the marketplace.
    36. Re:The even shorter answer by Bruce+Perens · · Score: 1
      The moderators value my opinion highly because they know me for a long time - some of them 10 years - and they have enough experience with me and with what plays out after I tell them something to understand that I'm usually on target. I don't believe you can expect the same sort of reception when you identify yourself as "SunFan". People would think you're a PR flack - it could well be true.

      I don't want to cherry-pick the Solaris software. That might have been useful 5 years ago, but no longer. But I am very concerned about those patents, and the way the patent grant - valid only for Solaris developers - is positioned as a legal threat to the Linux developers, but promoted as if it's a bigger deal than the IBM grant that was valid for more than 50 different licenses including the one used on Linux.

      That sort of deceptive publicity needs to be countered. And that doesn't reflect poorly on the maturity of the debate.

      Bruce

    37. Re:The even shorter answer by Anonymous Coward · · Score: 0

      You clearly have little understanding of the term "astroturf." Perens does not hide his pro-linux and pro-OSS bias, nor does he attempt to appear as just another joe-linux.

      As for companies that do make money off of linux, perhaps you haven't noticed the large number of opterons-running-linux that Sun has sold in the last quarter or two.

    38. Re:The even shorter answer by Anonymous Coward · · Score: 0

      Perens -- you tend to get 5s even when you are outright trolling or flaming. Purely hero worship from your fanboys.

      The fact that you are bragging about your reputation in a topic where you have an direct, but undisclosed, financial interest is pretty pathetic.

    39. Re:The even shorter answer by SunFan · · Score: 1

      perhaps you haven't noticed the large number of opterons-running-linux that Sun has sold in the last quarter or two.

      That Sun sells and supports Linux makes the anti-Sun lobby even more confusing. There are just a lot of people here with an ax to grind.

      --
      -- Microsoft is the most expensive commodity operating system and office suite vendor in the marketplace.
    40. Re:The even shorter answer by Anonymous Coward · · Score: 0
      I don't think Bruce's articles here especially favor Linux over BSD or any other Free(RMS/FSF definition) software.

      The things people react negatively to here are all these attempts (Shared Source; etc) to weaken free software licensing at large.

      There's nothing special about Sun in this regard. Historically, the KDE/Gnome battle was over the exact same issue.

    41. Re:The even shorter answer by Anonymous Coward · · Score: 0

      I'm one of the guys who modded him up; and it's merely for his observations that Patent abuse is damaging to the entire industry. I develop software for Windows, so really don't give a damn about the details about Sun's software. But the landscape of patent landmines is a threat to any developer outside of the largest 2 software companies.

    42. Re:The even shorter answer by Bruce+Perens · · Score: 2, Insightful
      the need to protect innovation is still there

      Actually, it's the need to encourage innovation. Protection is the means, to encourage innovation is the end. And there are deep and serious questions regarding whether software patenting promotes or retards innovation in general.

      Bruce

    43. Re:The even shorter answer by Anonymous Coward · · Score: 0

      MOD UP! INFORMATIVE!

    44. Re:The even shorter answer by Anonymous Coward · · Score: 0

      Careful, you are flirting with cognitive dissonance.
      If you're lucky, it will lead to an epiphany - and you'll change your .sig.
      If you aren't lucky, well, just try not to think about it too hard.

    45. Re:The even shorter answer by superpulpsicle · · Score: 1

      Well let me summarize what Sun is doing.

      1.) See what IBM lawyers are doing.

      2.) See what M$ lawyers are doing.

      3.) See what Linux GPL is doing.

      4.) Do whatever they are doing.

      5.) Put purple sticker on it.

      6.) Profit!

    46. Re:The even shorter answer by Registered+Coward+v2 · · Score: 1

      the need to protect innovation is still there

      Actually, it's the need to encourage innovation.


      Well, I'd argue that patents protect innovation and a free market economy encourages innovation through the possibility of rewards, but that's really just a semantic difference more than a philosophical one. Either way, we need to protect, encourage and reward innovation in order to foster it.

      Protection is the means, to encourage innovation is the end. And there are deep and serious questions regarding whether software patenting promotes or retards innovation in general.

      I think were are in violent agreement overall. Our current patent system was designed for an economy where new ideas where innovation resulted in tangible items that expressed the idea, and patents protected that expression, not the fundamental concept. For example, I could patent a mechanical cash register, but not th idea of exchanging money and calculating how much change to give.

      The problem with software patents is that software carries out an action, or enables carrying out existing actions (buying goods) in a new medium; and the manner in which underlying code can carry that out can be very different. As a result, people can't protect the way the task is accomplished by copyrighting the code, since non-infringing code code be created, so people have patented the what, not the how. Even though much of the what is merely restating things that have been accomplished in other mediums for some time (imagine someone trying to patent the "travel by steamship" in the age of sail) our system has allowed it because, and therefore needs to be changed.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    47. Re:The even shorter answer by Anonymous Coward · · Score: 0


      However, instead of just being constructive about patents, he is also taking advantage of the moment to damage Sun. I really don't think Sun is the disingenuous party, here.

  6. "from the cast-some-light-on-the-issue-ha-ha dept" by Anonymous Coward · · Score: 0

    Next time on Slashdot, Microsoft Sues Over CDDL Infrigements!---From the "the-sun-don't-shine-in-the-slammer-dept."

  7. This is natural. by Anonymous Coward · · Score: 2, Insightful
    Natural, but one should be vigilante.

    Of course corps are going to use licenses as weapons. They've been doing it for-fucking-ever, why would they stop in open source? Open source companies (like mine) compete hard. Companies that do have legal advantages and the resources to use them, will.

    The cool thing is that we've shifted the landscape, and now these battles are about "how open are you" questions.

    This isn't to say that everyone should fawn on closed source companies opening, on the contrary- ride them hard! But recognize where we are - one battle down, two or three to go.

    1. Re:This is natural. by Anonymous Coward · · Score: 0

      Yes, the vigilante in me has been waiting to get out for a long time :P

  8. What would... by lewis2 · · Score: 2, Interesting

    What would RMS do?

    1. Re:What would... by peawee03 · · Score: 1

      Make it GPL.

      --
      I wish I could write clever and witty sigs.
    2. Re:What would... by Anonymous Coward · · Score: 0
      This will tell you all about RMS

    3. Re:What would... by Anonymous Coward · · Score: 0

      :)

    4. Re:What would... by pinball667 · · Score: 0


      Not talk to sun any more because they use proprietary software to develop an open platform.
      </flaimbait>

      Sorry, I know he has done a tremendous amount for the community, but no where near what Linus has.

      Asides from that, Sun has been far friendlier to the open source community (read loose definition of open source, not free software) in being a little bit open about their stuff - IE acedemic licenses for access to solaris code (could be wrong there, if so, sorry but seem to remember it), java being open to examine (although it would be better to be able to release modifications without their approval) etc. Sun may be a concearn, but I think they would be one of the last.

    5. Re:What would... by SunFan · · Score: 1


      The CDDL behaves just as the GPL does, so RMS really wouldn't have a solid basis to argue against it. If RMS doesn't express that OpenSolaris is a step in the right direction, then that would be disappointing.

      --
      -- Microsoft is the most expensive commodity operating system and office suite vendor in the marketplace.
    6. Re:What would... by PornMaster · · Score: 1

      I wonder if something could piss RMS off enough to make him shave his face in protest. :)

    7. Re:What would... by dnoyeb · · Score: 2, Interesting

      I have similar issues with the CPL and the EPL from IBM. Not about patents. The EPL/CPL hinges upon whether or not your code is a derivative work. Yet it neglects to describe the conditions underwhich you code becomes a derivative work. That is, they dont describe the term 'derivative work' as it applies to the license.

      My analysis of the EPL helped me to see what is so good about the GPL and the LGPL. They do exactly what they appear to do on the surface, no surprises.

    8. Re:What would... by Anonymous Coward · · Score: 0

      The GPL defines 'derivative work'? I think not.

    9. Re:What would... by Anonymous Coward · · Score: 0

      Not take a shower.

    10. Re:What would... by Anonymous Coward · · Score: 0

      "a step in the right direction"?

      The biggest UNIX vendor just went "Free Software". RMS should be holding a victory party,

    11. Re:What would... by Anonymous Coward · · Score: 0

      The biggest UNIX vendor just went "Free Software".

      How do you measure "biggest" here? Sun is a minnow next to IBM.

    12. Re:What would... by Anonymous Coward · · Score: 0

      That is, they dont describe the term 'derivative work' as it applies to the license.

      "Derivative work" is a legal term. Consult a lawyer as to what it means in your jurisdiction.

    13. Re:What would... by pinball667 · · Score: 0

      As a previous poster mentioned - consult your attorney. On that note, I shall rant. I think the LGPL is absolutly fantastic, code should be shared and open. But, on the same note, if I want to link with libraries on my machine then by all means I should be able to do so. No one is prevented from linking to the ultra secret windows dll's, you just need to figure out how they work. On the other hand, GPL says "even if you don't touch the code your freedom is limited by not being able to link to this if you don't abid by free code, not only free code, but the GNU definition of free code" (paraphrased). I dunno, prolly been drinking to much, but the "anoying BSD advertising clause" really makes a lot more sense then all the "even some free/open source licenses are not good enough" clause. RMS is no longer a good thing ®. Lots to thanks him for, but an idea is nothing without effective implementation (which requires a -working/functional- kernel for those Hurd people). Flaimbait, maybe, but personally, I don't see a damn reason my shit cant act the way it wants, even if that means consuming/linking other strands of magnetic bits on my box.

    14. Re:What would... by Anonymous Coward · · Score: 0
      The CDDL behaves just as the GPL does

      You should be modded "funny" for that one.

      • The CDDL states that Sun and it's IP licensing partners control who can sell CDDL'd software
      • The GPL states that *anyone* can sell CDDL'd software.
      They couldn't be more different.
    15. Re:What would... by Anonymous Coward · · Score: 0
      And indeed, IBM went Free Software.

      Sun, on the other hand, may have done something to get the OSI to call it "open"; but AFAIK, the FSF never called Sun's apparent patent-trickery "Free".

    16. Re:What would... by faragon · · Score: 1

      Sorry, I know he has done a tremendous amount for the community, but no where near what Linus has.
      It is your opinion about Richard and Linus. I don't agree.

      About Sun, I hope that they do that for good, anyway, IMO, software patent strategies may be a big problem for introducing Linux into the mainstream. These big raptors^H^H^H^H^H^H^Hcompanies target is to kill Linux as an alternative before it reaches its critical mass. Fortunately, Linux has critical mass enough, as many microelectronics companies are pushig for it. Needless to say that IBM, for its services division are doing tons of money by using Linux.
      May be, in the end, the only that could "save" Linux in the mainstream are the big corp lawyers with interests related to the **true** open source community. Please note that I do not want to see RMS as the "final guru" or a "GNU bishop", he is a man, has a voice, and you can agree or not with him. You'll be freeeeee (just kidding about the "GNU/FSF himn", sorry) ;-)

    17. Re:What would... by Anonymous Coward · · Score: 0

      Buy Linux insurance.

    18. Re:What would... by Doomdark · · Score: 1
      My analysis of the EPL helped me to see what is so good about the GPL and the LGPL. They do exactly what they appear to do on the surface, no surprises.

      .... except when you consider LGPL with languages like Java and C# (search for discussion on why Apache people don't think they can use any LGPL'ed code with their own code). I wish there were no surprises, but the gaping hole in LGPL is the vague (or misguided) definition of dynamic and and static linking. It's ok for C and C++, but has trouble with (some) newer languages.

      On the other hand, I do still use both licenses, but in some cases there's need for dual-open-source-licensing, which is silly. :-/

      --
      I like paying taxes. With them I buy civilization -- Oliver Wendell Holmes
    19. Re:What would... by Anonymous Coward · · Score: 0

      What does root mean square have to do with this?
      (Other than "we've got the power!")

    20. Re:What would... by dnoyeb · · Score: 1

      No, there is nothing vague about the LGPLs definitions. To put it simply for Java, if you need the class in your classpath to compile, then you are a derivative work, as far as the (L)GPL is concerned. The difference for the LGPL is;

      1. They give special provisions to some code even if it is a derivative work.

      2. Its not 'viral' like the GPL. You can protect code by putting it under the LGPL. Then you can unprotect the parts you want people to connect with by putting the interfaces, abstract classes, etc. under something like the BSD or simply unlicensed.

      Apache may/may not be correct that they can not use any LGPLed code. But whatever theyr reason is for not using the LGPL code is certainly applies to the EPL. What should happen is the architects of the software should put their code under different licenses depending on the purpose of the code. This dual licnesing is only possible under non-viral licenses like the LGPL.

  9. support free developmen by delirium+of+disorder · · Score: 1

    Buisnesses and individuals that choose the BSDL should be given the most respect, because the code can be re-liscenced in GPL, CDDL, closed source, etc liscenced. I wonder if one could disign a liscence that is basically the BSDL except it has a provision to ban redistribution in a particular competitor's product. Would that be considdered illegally anti-competative?

    --
    ------ Take away the right to say fuck and you take away the right to say fuck the government.
    1. Re:support free developmen by Anonymous Coward · · Score: 0

      BSDL was tried by the industry, it lead to UNIX becoming fractured and incompatible. (*BSDs can't even run each other's binaries to this day.) Nobody's going to try it again.

    2. Re:support free developmen by timeOday · · Score: 2, Insightful
      Buisnesses and individuals that choose the BSDL should be given the most respect


      I expect they would prefer to release under the GPL. The only additional freedom of BSD is not to reciprocate!


      But admittedly as a user (that is, when looking for others' code to use) I look for the BSD or other nonrestrictive license. Allow people to leech and they certainly will!

    3. Re:support free developmen by k4_pacific · · Score: 1

      I don't know if that would be legal or not. But even if it was done against competitor X, then upstart Y could spring up, take the BSD-licensed code, add some enhancements, and compete against them anyways. Also, it would not be compatible with the GPL because the GPL places NO restrictions on redistribution.

      Without this clause, the code can be co-opted by a competitor and used against them, with this clause, it cannot be relicensed under the GPL as it has a restriction on distribution.

      --
      Unknown host pong.
    4. Re:support free developmen by freemacmini · · Score: 3, Interesting

      Sun doesn't want linux to benefit from any solaris technology. They would have never made their license BSDL for that reason. Ironically due to the way the license is written neither can freebsd.

      Maybe that's what's wrong with the BSD license. Sun took BSD code, added stuff to it and now makes it impossible for BSD to gain any benefit.

    5. Re:support free developmen by Anonymous Coward · · Score: 0


      Then why did Sun donate hardware to FreeBSD?

    6. Re:support free developmen by Anonymous Coward · · Score: 0

      Maybe that's what's wrong with the BSD license.

      No, this is what the BSD license _intended_ to allow. People who choose the BSD license know what they are getting into.

    7. Re:support free developmen by freemacmini · · Score: 1

      Because it was cheaper then disposing it legally and they get a tax break at the same time.

    8. Re:support free developmen by Anonymous Coward · · Score: 0

      Who came first? BSD or Sun? ...

    9. Re:support free developmen by Homology · · Score: 3, Informative
      Maybe that's what's wrong with the BSD license. Sun took BSD code, added stuff to it and now makes it impossible for BSD to gain any benefit.

      There is nothing wrong with BSD license. It's quite simply a free license. Perhaps copycenter describes BSDL best :

      copycenter: n.

      [play on 'copyright' and 'copyleft']

      1. The copyright notice carried by the various flavors of freeware BSD. According to Kirk McKusick at BSDCon 1999: "The way it was characterized politically, you had copyright, which is what the big companies use to lock everything up; you had copyleft, which is free software's way of making sure they can't lock it up; and then Berkeley had what we called 'copycenter', which is 'take it down to the copy center and make as many copies as you want'".

    10. Re:support free developmen by Anonymous Coward · · Score: 0
      Uh, putting something in the public domain has far fewer stings than even BSD. Why woudn't you advocate that instead?

      (BTW: the GPL also has the additional freedom of clearing the software of patent issues)

    11. Re:support free developmen by m50d · · Score: 1

      Feature. The BSD people want companies to be able to do that, otherwise they'd use GPL.

      --
      I am trolling
  10. Microsoft is right this time by Anonymous Coward · · Score: 1, Insightful

    >One of his most important points is 'when a large company -- IBM, Sun, or anyone else-- donates code to the open source community with a one-off license, like the Eclipse Public License (IBM) or the CDDL (Sun) it gives those companies a way to donate their code to the open source community, which in turn can enhance it to the benefactor's advantage, without that code leaking into a competitor's product (with a non-reciprocating license) in such a way that it can be used against the benefactor.

    While lots of people won't like hearing any type of agreement with Microsoft, good open source products *are* the competition, or at least have the potential to be. So saying "without that code leaking into a competitor's product" seems a tad off if oss is the competition.

  11. Too much Law by Anonymous Coward · · Score: 4, Insightful
    When I studied Computer science I didnt realise I needed to be a lawyer as well.

    This licensing/contract cr*p has become has gone too far.

    1. Re:Too much Law by britneys+9th+husband · · Score: 1

      I don't mind that at all, as long as I can make $500 an hour, like many lawyers do.

      Imagine... if you had just 9,000 billable hours a year, you could make an annual salary of $4,500,000! And many lawyers make a lot more than that!

      I think you're on to something -- we need to find a way to redefine software engineers as a type of lawyer. You've never heard of lawyer jobs being outsourced to India have you? Didn't think so.

      --
      Hear recorded Slashdot headlines on your phone! New service beta testing. Just call (248) 434-5508
    2. Re:Too much Law by Anonymous Coward · · Score: 0

      Wow, how long are your weeks?

    3. Re:Too much Law by Bruce+Perens · · Score: 3, Informative
      It is the unfortunate truth that the occupation of engineers today is to marry together other peoples copyrights and patents to construct a derivative work, often one intended to be sold as a product. When I learned to use a soldering iron, I did not think of myself in those terms, but they were true then, and became even more true as ICs happened and then as programmable devices came about.

      We are approaching a point beyond which the art of engineering will be so seriously hindered that only very large companies will be able to approach the creation of software products. Legislative action will be necessary. But will the big companies win that legislative battle? They are winning it so far.Bruce

    4. Re:Too much Law by Anonymous Coward · · Score: 0

      But in the meantime until the laws change.
      Buy Linux insurance and risk tools.

    5. Re:Too much Law by Ogerman · · Score: 2, Interesting

      We are approaching a point beyond which the art of engineering will be so seriously hindered that only very large companies will be able to approach the creation of software products. Legislative action will be necessary. But will the big companies win that legislative battle? They are winning it so far.

      What we probably need is a massive grassroots movement aimed at tearing down software patents in the US. (Similar to the one aimed at preventing them in the EU). We don't have to stand around and accept what we see around us. But that is precisely what most people are doing, based upon the commentary surrounding the Sun/MS patent nonsense. What will it take to get people peeved enough to take action? A combined Sun/MS lawsuit against Linux developers / IBM / etc.?

      But what is perhaps more dangerous is the FUD that will arise out of this. And that is why I think we need to destroy software patents now, as a preemptive measure.

  12. nonsense! by Anonymous Coward · · Score: 0

    They won't be able to penetrate the benefactor's citadel!

  13. Jealosy by Anonymous Coward · · Score: 0, Flamebait

    Facts:
    + Solaris is a technically superior Unix kernel to Linux and always has been
    + Linux took off mainly because of shitty x86 platform support and pricing from Sun and other UNIX vendors

    Everyone in the Linux community knows it, but it's been true for so long that nobody is prepared for a cheap x86-friendly, open source Solaris. Their deep-down fear is that Sun will gain community and developer support and be a credible competitor for Linux.

    However, this group is unwilling or incapable of admitting this, so instead you get a bunch of reactionary license nipickery and people crying because Sun hurt their feelings in a blogpost.

    The truth is that this ideology about "freedom" and "open source" is mostly just thin cover for rampant OS Fanboyism. Sun can "get it" all they want, but the Linux Zealots will always find fault, because they've tied what little self-worth they have into the OS that runs their webserver.

    1. Re:Jealosy by luvirini · · Score: 2, Interesting
      hmm.. but flabaitish toward the end, but still..

      A few comments on the valid points:
      + Linux took off mainly because of shitty x86 platform support and pricing from Sun and other UNIX vendors
      This is very much true, the status of the UNIX:es for so long was what gave space for Linux to grow to what it is now.

      + Solaris is a technically superior Unix kernel to Linux and always has been
      Traditionally been, very true, technically superior now is more depatable, but in any case today the differences are more that one is better at one thing and other at other.

      One of the real weaknesses of Solaris is made very clear even in SUN:s own marketing where they say say that Solaris is guaranteed to run on over 275 Systems. That is, the driver support is still quite limited.

      I mean, even Linux is very limited in driver support and one has to be carefull in buying hardware, but Solaris is way behind.

      On the other hand features like Dtrace are things that Solaris is ahead in.

    2. Re:Jealosy by Anonymous Coward · · Score: 0

      I'm running Solaris 10 on my Dell Precision 610 at the moment. Everything is fully supported, including the Creative SB Live!, which required 3rd party drivers.

      Most of the 'decent' hardware will be supported in Solaris. Exceptions include 'webcams,' 'USB crap,' and other assorted garbage that you won't find in a professional environment.

      If you can't afford decent x86 hardware, you're probably not in a product environment, and therefore Solaris of no use to you.

    3. Re:Jealosy by Anonymous Coward · · Score: 0

      you get a bunch of reactionary license nipickery

      "nitpickery".

  14. Re:OSS Develeopers should abandon Linux for Solari by sm00th · · Score: 0, Troll

    I agree. Solaris is a very much more polished than Linux is. There's plenty of documentation for it. A real, real LVM, and Veritas is always an option. No longer do you have to run Solaris on Sun hardware. Get yourself an x86, and fire it up. As the parent said, OSS developers should dump Linux for Solaris.

    --
    There's pissing contests all over. OSS is just another one.
  15. Re:This is the "Bust on Groklaw" subthread by Anonymous Coward · · Score: 0

    I always wondered why PJ gave a fuck about Sun. Not to be insulting, but her experience with computers seems to be primarily related to running a word processor. Why should she give a crap what Wall Street uses to run transactions through?

  16. Re:FUCK ALL NAZI by Anonymous Coward · · Score: 0

    nt

  17. Microsoft's Secret Weapon? by nxtr · · Score: 0, Troll

    Maybe Microsoft has a hand in this. This could be part of a anti-Linux strategy. (Is Bill Gates in bed with Sun's management team?) First they let Sun open-license everything. (Bill does whatever Sun management wants.) In a few years, Microsoft may decide that it's had enough of this cross-licensing crap and say tell Sun to block everything. (Probably by blackmailing Sun management with incriminating photos).

    Just a guess. Everything sounds tgtbt.

    1. Re:Microsoft's Secret Weapon? by sm00th · · Score: 1

      It's anti-Linux because Solaris is a technically superior operating system. Don't involve your pitiful Linux vs. Microsoft argument with Solaris, and justify that Sun is teh sux.

      --
      There's pissing contests all over. OSS is just another one.
    2. Re:Microsoft's Secret Weapon? by drgath159 · · Score: 1

      Microsoft doesn't have linux becuase it is linux, it hates it becuase it is the competition. With Sun knocking linux out of the way, who do you think Micosofts crosshairs center on then? Bad conspiricy theory if you ask me.

    3. Re:Microsoft's Secret Weapon? by Anonymous Coward · · Score: 0

      Or, the merely had multi-billion dollar IP cross-licensing agreements and part of that $700 milllion or the $2 billion one included such strategic alliances.

    4. Re:Microsoft's Secret Weapon? by ignorant_newbie · · Score: 2, Interesting

      > because Solaris is a technically superior
      > operating system

      What makes you say this? do you have actual examples of how solaris is superior to linux ?

      as far as i can tell, the main advantage of solaris was that it ran on sun's big-ass servers. Now that we can get the same performance out of a 2-way AMD64 machine as out of 64-way e10k this doesn't matter anymore.

    5. Re:Microsoft's Secret Weapon? by bob+beta · · Score: 1

      Huh?

      Same performance?

      Perhaps for certain tasks, i.e. possibly certain 'ivory tower' computational benchmarks.

  18. Woah by pHatidic · · Score: 3, Funny
    For /.ers who don't like reading a lot


    Where is the ironic tag when you need it.

    1. Re:Woah by game+kid · · Score: 1

      Indeed. Combined with the approx. 22-page first article (granted, including comments), that summary is crushing to read.

      The article would get a Score: 5, Massive from me, but I have no bloody mod points...

      --
      You can hold down the "B" button for continuous firing.
  19. Ob. grammar nazi post by Wesley+Felter · · Score: 0, Offtopic

    Maybe you should merely be vigilant; I don't think vigilante action is called for at this point.

    1. Re:Ob. grammar nazi post by dcclark · · Score: 0

      You could however be a vigilante which would be the real solution to the grammar problem... since otherwise it's merely spelling. :)

    2. Re:Ob. grammar nazi post by RollingThunder · · Score: 1

      I don't know, there's some appeal to dishing out justice against those who abuse IP portfolios.....

  20. Re:This is the "Bust on Groklaw" subthread by Anonymous Coward · · Score: 0
    "That's right - post something to Groklaw that PJ doesn't like, and she'll delete it."

    That's how blogs work. Just like if someone came into your living room and started cursing you out and breaking the furniture, you'd kick them out too. People love to rant about free speech when it's not their home they're trashing.

  21. I knew it! by kbahey · · Score: 3, Insightful

    Just yesterday, I was thinking about what Sun has in mind with this OpenSolaris thing and CDDL.

    I remembered the Microsoft/Sun settlement deal, and the stream of Sun's conflicting messages on open source, Java, ...etc.

    I am not a tinfoil guy at all, but could not help thinking about Microsoft 's deal influencing/directing/shaping Sun's decision to have its own sub-world of Open Source that would not allow innovations outside this sub-universe.

    Bruce Perens has confirmed with Sun that this is the case.

    Now, the question is, did Microsoft influence it/order it? I hope it is not the case. Why Sun? Why?

    Sun is an example of a fall from grace: from being the darling of the open source community (Java, ...etc.) to sleeping with the enemy. IBM is the contrary, it has redeemed itself from being a monopolistic, arrogant behemoth to a major player in open source now.

    P.S. I am under no illusion of simplistic "IBM is bad" and "Sun/Redhat are bad". These assessments change and morph over time, and companies, like people, and nations have their ups and downs.

    1. Re:I knew it! by sm00th · · Score: 0

      It seems to me that this whole argument is political. I don't care if the product is from Microsoft/Sun/IBM. As long as it does it's job, which most Microsoft products won't, I'll use the product. Solaris is a technically superior OS to Linux. Drop the whole "Sun is an example from a fall from grace" crap. You're reasoning is illuding to me as to why you think that somehow if Sun makes a few business arrangements with Microsoft that makes Solaris a technically "insuperior" operating system.

      --
      There's pissing contests all over. OSS is just another one.
    2. Re:I knew it! by Anonymous Coward · · Score: 0

      > These assessments change and morph over time

      And you are still being simplistic for even making them in the first place. The Linux community are the pro wrestling fans of the IT industry.

    3. Re:I knew it! by freemacmini · · Score: 1

      The fact that the sun licence is carefully crafted so as not to allow solaris code to be included in any GPLed program pretty much shows exactly how much of a hand MS had in this license.

      I am not saying they don't have the right to do it, it's their code and they can do whatever they want with it but it smells like a trap to me.

      I think they are hoping some linux programmer will look at the code and then implement something in linux that does something similar at which point either Sun, MS or some other entity sponsored by one of them will pounce.

    4. Re:I knew it! by Anonymous Coward · · Score: 0

      The fact that the MPL licence is carefully crafted so as not to allow Mozilla code to be included in any GPLed program pretty much shows exactly how much of a hand MS had in this license.

      The fact that the EPL licence is carefully crafted so as not to allow Eclipse code to be included in any GPLed program pretty much shows exactly how much of a hand MS had in this license.

      The fact that the APSL licence is carefully crafted so as not to allow OS X code to be included in any GPLed program pretty much shows exactly how much of a hand MS had in this license.

      etc.

    5. Re:I knew it! by SunFan · · Score: 1

      IBM is the contrary, it has redeemed itself from being a monopolistic, arrogant behemoth to a major player in open source now.

      Yeah, right. IBM is now the cute cuddly teddy bear. People complain about Sun being inconsistent, yet find no fault in IBM selling every OS and architecture ever invented, most of which have overlapping purposes and competing sales teams. Sometimes, the IBM fanboys' blinders are on so tight that they double as a pin-hole camera during eclipses.

      --
      -- Microsoft is the most expensive commodity operating system and office suite vendor in the marketplace.
    6. Re:I knew it! by Anonymous Coward · · Score: 0

      The GP poster is such a moron that he named himself after a pyramid scheme.

    7. Re:I knew it! by Bruce+Perens · · Score: 4, Insightful
      Well, sm00th, I'll explain why this might matter to you. If you are satisfied with the Sun or MS product, it might not matter. But the fastest developing OS technology today, the one most likely to bring you future improvements, is not the one from Sun or MS, it's Linux and the vast collection of Open Source that rides on top of it. Now, we are seeing the first shots in a battle to hinder those Open Source folks, and bring fewer benefits to you the customer. And the war is not fought with technical superiority on a level playing field. It's fought with the FUD of patent lawsuit threats and then, probably, real lawsuits. That's not how the best product wins. And when the best product doesn't win, you're numbered among the losers.

      Bruce

    8. Re:I knew it! by Bruce+Perens · · Score: 3, Insightful
      Dear AC,

      The mozilla license has a paragraph that says: you can convert this license to the GPL and mix it with GPL software legally. Sun deleted that paragraph, and made sure that its patent grant wouldn't cover GPL software.

      In contrast, when IBM, Eclipse founder, made its own patent grant, it covered GPL software and software under all OSI accepted licenses at that time.

      There appears to be a certain difference in intent.

      Bruce

    9. Re:I knew it! by Anonymous Coward · · Score: 0
      yet find no fault in IBM selling every OS and architecture ever invented

      Why should one find fault in that? It's very good to be able to go to IBM Global Services and have them support our NT/Oracle systems the same way they do their Power/DB2 system.

    10. Re:I knew it! by passthecrackpipe · · Score: 2, Insightful

      Dude, nobody is accusing IBM from being a cuddly bear. Few people doubt that IBM is in the business of making money - any which way they can. I have frequent discussions with IBM about getting some of their desktop software to run on linux, and the answer is *always*: "show us we can make money doing so". IBM is not a charity, and nobody sane expects them to be. However, they understand that Linux is a "sales-enabler" for the hardware, software and services business, and as such it behooves them to be recognised as a Linux leader. This includes donating source, patents, efforts, time and money to the "open source community" as such. These are all strong indicators of strategic, offensive (is in, going on the offense) thinking. The kind of action of a comapny that has seen the future, and knows which way the bread is buttered.

      Now, picture this - IBM donates 400 patents, and are widely lauded for their gift. Sun "donates" 1600 patents, and "open source" Slowlaris, and are getting a sound kicking. Now ask yourself why IBM gets more kudos for less effort.

      Well, Mr. McNeally, I didn't think you would guess it either, so here is the answer: IBM's donation has no strings attached. The patents can be used freely within the specified context - i.e. Open Source, - and can even be used within this context to compete with AIX, for example. Your "donation" on the other hand, only benefits Sun. Nobody else. This is a strong indication of non-strategic -i.e. tactical- thinking, an example of "castle building" or defensive thought.

      All Sun sees is a perceived threat to their business, and cannot think of a way to benefit from the situation, so they grow hard, and dig in. This is a seriously flawed way of conducting business, and shows what a weak strategist Scott McNeally really is - as the Tao Te Ching states: "On the importance of yielding. It is said that a reed that is not rigid and bends will not break and in so doing will endure."

      --
      People who think they know everything are a great annoyance to those of us who do.
    11. Re:I knew it! by rembo · · Score: 1

      >The mozilla license has a paragraph that says: you can convert this license to the GPL and mix it with GPL software legally.

      My understanding was some MPL software like Mozilla was dual licensed under the GPL. There is no such clause in the MPL license text.

      If there was Sun had to take it out.

    12. Re:I knew it! by wkitchen · · Score: 1

      I don't trust it either. Sun's "gift" is a poison apple. They're no friend to the OSS community.

    13. Re:I knew it! by Bruce+Perens · · Score: 1
      This is in exhibit A to the MPL 1.1 applied to Mozilla products, here. If you look at the MPL itself the exhibit is there at the end in template form. A Mozilla relicensing FAQ is here.

      Bruce

    14. Re:I knew it! by Anonymous Coward · · Score: 0

      Protect yourself buy Linux insurance and risk
      tools.

    15. Re:I knew it! by m50d · · Score: 1

      Dude, we've always been anti-sun for their obnoxious java license.

      --
      I am trolling
    16. Re:I knew it! by sm00th · · Score: 0

      Why do you people keep preaching this garbage? I just want to use a product that works. I don't care if I can't take it and call it 'Fsck'ed OS.' I just want a product that can hold it's ground. Solaris does that for me, and I bet half of you Linux fanboys have never handled anything larger than a 4-disc SCSI array strapped to a homemade pizza-box server.

      War? Level playing field? This isn't the 60s, get with the times. Linux isn't an industrial grade operating system. It's a fabrication of crap code from first-year computer science students. Are you saying that unless Sun stops hiring qualified programmers and hires first-year computer science students that it `won't be a level playing field?' Get off the crack, man.

      --
      There's pissing contests all over. OSS is just another one.
    17. Re:I knew it! by Ogerman · · Score: 1

      Just yesterday, I was thinking about what Sun has in mind with this OpenSolaris thing and CDDL.

      Lets look at this realistically. Solaris / OpenSolaris does not have the industry-wide momentum that Linux does. Even if Sun chose GPL and the community rallied around it, it would take several years for OpenSolaris to become a viable product for the mainstream. For example, Linux has an enormous head-start in the area of hardware and architecture support. As a counterexample, look at *BSD. It is very much technically competitive with Linux and is fully open source, but it doesn't have anywhere near the momentum and community that Linux does. I really have a hard time seeing Sun's maneuver as anything but a spoiler for Linux, possibly encouraged by some part of their MS settlement. The truth is, Sun very well could have adopted Linux, as IBM and Novell have. They could have used their experience from Solaris to improve Linux, as IBM has done with their AIX experience. In fact, it seems to me illogical that Sun wouldn't do this from a business perspective.

      Now, if Sun had only used a GPL-incompatible copyright license for OpenSolaris, that would almost be understandable, with the perspective of distinguishing it from Linux. But then they started playing the software patent game. Frankly, any company that is a proponent of software patents gets bad marks in my book. Software patents, in addition to being unethical, are the pure antithesis of the spirit and philosophy of open source. There's no middle ground.

  22. Free as in "Arbeit Macht Frei"? by Anonymous Coward · · Score: 0
    Now we know what Sun and/or Jonathan Schwarz means when he says something is Free. Remember when slashdot reported that Schwarz said hardware would be free. As far as I recall, that was "free as in you pay for it in a different line item".

    Now what does he mean by Open? Open as in only open to those with Microsoft IP sharing agreements? Gee, thanks for the amusement in linguistic games, Jonathan, but we really don't need you re-defining english for you to trick your customers.

  23. David Berlind is a buffoon by Anonymous Coward · · Score: 2, Interesting
    At the first MIT Spam Conference, a few years ago, this creature calling itself a journalist got up and stood there with his bare face hanging out and told the assembled programmers and mail system operators that his goal in the anti-spam world was ...

    ... to get DNSBLs shut down.

    That's right. This guy placed himself voluntarily on the same side of the spam wars as the spammers who committed massive DoS attacks against major DNSBLs, leading to the loss of some of the most useful ones. On the same side as the other spammers who sued Spamhaus, one of the single most effective anti-spam resources in the world, in an effort to intimidate its operators into silence.

    No, I'm not misquoting him. He didn't say "make DNSBLs obsolete" or "stop spammers with other tools so effective, that nobody needs or wants to use DNSBLs". He said to get them shut down.

    The guy had one bad run-in with a DNSBL operator after users reported his commercial, ad-sponsored email "newsletter" was being sent out as spam to people who never wanted it. So he decides that all DNSBLs need to be censored, and stands up in front of a bunch of guys at MIT and makes fun of the DNSBL operator for acting like a nerd on Usenet. Oh, that went over well. Utter shocked silence: "Who is this bozo, and who told him he knew anything about stopping spam?"

    After the conference, I looked up his column. Nothing else he had to say was any more worth listening to. This guy does not actually know one thing about anything technical, or about the social implications of the things he discusses or his own moronic proposals.

    1. Re:David Berlind is a buffoon by Anonymous Coward · · Score: 0

      Most DNSBL's act irresponsibly. Look at SPEWS for example. They can't even own up to what they do, -- they know if they made their identities public, they'd be held to a proper standard.

    2. Re:David Berlind is a buffoon by Anonymous Coward · · Score: 0
      They can't even own up to what they do, -- they know if they made their identities public, they'd be held to a proper standard.
      You believe being overwhelmed by SLAPP suits from lawsuit-happy spammers is a "proper standard"? Wow.

      I'm posting anonymously because I'm posting off-topic. What's your excuse, that you "can't own up to what you do"? Fool.

  24. Re:I knew it! (mod parent up - great links) by Anonymous Coward · · Score: 0

    Mod parent up. Though the "I knew it" subject line was somewhat arrogant, the links (especially the Bruce Perens link) are very important to this thread.

  25. RMS was right, it's about freedom by argoff · · Score: 3, Insightful


    For all his rough edges, the simple truth is RMS is right about the GPL and technology. Freedom matters, and it is an end in itself unlike technology and wealth which are a means.

    1. Re:RMS was right, it's about freedom by sacrilicious · · Score: 4, Interesting
      For all his rough edges, the simple truth is RMS is right about the GPL and technology. Freedom matters, and it is an end in itself unlike technology and wealth which are a means.

      Absolutely. It's funny, I see cycles of RMS bashing, followed by swings towards recognition of his vision, followed by more bashing... lather rinse repeat. When OSS has a good day people love to nitpick about RMS's beard, his social awkwardness, what have you. When OSS is on the ropes, people realize that the only f'ing thing holding it together is the GPL and RMS's refusal to "find a middle ground".

      --
      - First they ignore you, then they laugh at you, then ???, then profit.
    2. Re:RMS was right, it's about freedom by nagora · · Score: 1
      I see cycles of RMS bashing, followed by swings towards recognition of his vision,

      That's because generally what he says is true but he says it in a way that make him and everyone else on his side look like morons. If he would shut up he would be more productive despite the fact that what he says is true. It's a paradox that surfaces any time you have a brilliant and unlikeable person.

      TWW

      --
      "Encyclopedia" is to "Wikipedia" what "Library" is to "Some people at a bus stop"
    3. Re:RMS was right, it's about freedom by Kynde · · Score: 1

      Open Source, freedom, et al != technical superiority.

      Technical superiority is not nearly as essential as freedom. Having technical superiority without freedom is somewhat like having sex with a fabulous gal... by forcing yourself on her.

      --
      1 Earth is warming, 2 It's us, 3 it's royally bad, 4 we need to take action NOW
    4. Re:RMS was right, it's about freedom by darkonc · · Score: 1
      Technical superiority is not nearly as essential as freedom. Having technical superiority without freedom is somewhat like having sex with a fabulous gal... by forcing yourself on her.

      No. It's more like having a really gorgeous girlfriend with a locked vanity belt and 7 nasty Venereal diseases. You can look, and even touch a little bit, but you can't get into the really interesting stuff without a lot of work -- and even then, you'll be worried about how messed up you'll be in the aftermath.

      Actually, this just reminded me of a story my mother told me (seriously!) about a beautiful woman in France, during WWII who earned the dislike of all her neighbours by sleeping around with any German soldier who would have her (read: lots).
      The people treated her with extreme distaste because of her activities, until after she died -- from the various venereal diseases she had been passing on to the German soldiers.

      Moral of the story: If you're sleeping with the enemy, you'd be well off to figure out why they're sleeping with you.

      Sun has shown itself to be a very fickle friend of the Open Source community, and has recently allied itself with Microsoft -- The FLOSS community's most obvious and biggest enemy. You can sleep with them if you like, but don't come running to me if you suddenly find parts falling off.

      --
      Sometimes boldness is in fashion. Sometimes only the brave will be bold.
  26. both should literally f* each other? by Anonymous Coward · · Score: 0

    perhaps if the two ancestor posts took each other's advice, the next generation would be so confused about their identity they'd all get along.

  27. Re:This is the "Bust on Groklaw" subthread by Anonymous Coward · · Score: 0

    it's only right someone provides a place where anyone can rant against Groklaw.

    Try ip-wars. It's hilarious.

  28. The complexity of the issue.... by scum-e-bag · · Score: 5, Insightful

    The summary demonstrates just how complex and extremely difficult the whole IP issue is to comprehend. This demonstrated complexity is another reason why temporary granting of monopolies through the use of IP laws should be limited to ten years. When the legal arguments begin to take the form such that one person alone cannot possibly comprehend what is going on, how is a judge going to be able to make an honest and correct decision. What is going to happen when the complexity of these laws is so great that even a team of judges can not make an informed and honest decision.

    --
    Does it go on forever?
    1. Re:The complexity of the issue.... by Directrix1 · · Score: 2, Insightful

      How about 1 year. 10 years the technology is irrelevant and the competition has been squashed.

      --
      Occam's razor is the blind faith in the natural selection of least resistance and in universal oversimplification. -- EF
    2. Re:The complexity of the issue.... by SunFan · · Score: 1


      I vote for nine or ten years. Figure two to three years pre-release for development and a seven year run in the marketplace.

      --
      -- Microsoft is the most expensive commodity operating system and office suite vendor in the marketplace.
    3. Re:The complexity of the issue.... by Anonymous Coward · · Score: 0
      With OpenSolaris, Linux, the BSDs, and Mac OS X, who needs Microsoft?

      Sun does - see, the CDDL prohibits Sun from enforcing it's IP rights on OpenSolaris, but happily allows their technology partner Microsoft to do so.

      Sun's strategy seems to be turning itself into nothing but a reseller of Microsoft IP in exchange for large payments from Microsoft.

  29. Re:OSS Develeopers should abandon Linux for Solari by Anonymous Coward · · Score: 0

    Cute msft troll :)

  30. A flaw in your logic by argoff · · Score: 1

    One of the logical/philosophical flaws in the BSDL is that it fails to see copyrights (the restriction of copying) as inherently anti freedom. Maybe it's because so many people consider copyrights the norm or like a property right, but the very nature of restricting what people can copy is still andi freedom.

    A similar doctorine, logic wise - not humanity wise, woud be "you have the freedom to own slaves, or not to" - obviously this does not do anything to promote freedoms wether it's the norm, a property, or whatnot. Even though the BSDL is certainly better than the MS-EULA.

    1. Re:A flaw in your logic by delirium+of+disorder · · Score: 1

      OK...so the BSDL doesn't see copyright as immoral. No license does. Even putting your work in the public domain puts it within the legal but immoral intellectual property system. However, the BSDL grants the rights I wish people could automatically have.

      I don't understand your slave analogy and how it's logically a similar doctrine (and what it would be logically similar to, my general reasoning, the BSDL?). Are you implying that the GPL doesn't tolerate immoral behavior ("owning slaves") because it doesn't allow re-licensing under a proprietary license. I personally think business should be allowed to use whatever license they want...they can even use some of my code in their proprietary licensed product. If the license is too restrictive, people should be smart enough not to buy that product or to just break the terms of the EULA...but it should be up to the consumer. The only thing anyone should not be allowed* to do, is cause real harm**. People can express anything they want, even if their expression entails reiterating an idea, c function, poem, etc that they did not author. Copyright, patents, and licenses are all restrictions on free speech. People also have the right to do whatever they want to their own property or body or the property or body of someone else with consent. Ideas, code, etc, are not property because they can be copied infinitely at no cost. When you "steal" a song from the RIAA, the RIAA still has the original! Free market economics (and even most command econ) is based on the idea that there are unlimited demands and wants, but only a finite supply of products. This is only true in an IP economy in that there's an insatiable demand for NEW ideas; the old ones can be copied until everyone has as many as they want. The profit motive that drives the demanded innovation is also totally scewed because people are simply more creative if they aren't directed by a private tyranny (corporation). Good art does not come from a marketing department, a better source might be an eccentric who produces what they find beautiful, not what sells. Good music doesn't come from the RIAA, it comes from some innovator on an indy label who is willing to risk not sounding exactly like every top 40 hit.

      Although many exellent programmers (OSS and proprietary) are now well paid by big business, what most /.ers don't realize is that OSS has already won out in terms of influence! You don't have to look at Linux to see the results free software. TCP/IP is a free open standard implemented by a combination of capitalism (western ISPS, hardware/software developers), socialism (the university system, libraries, other public access, public funded R&D, much of it from the DoD), and anarchy (the actual content on the net itself). MS windows has BSD code in it. Apple's Darwin IS BSD. SUN/Solaris will soon be opening its code (its been illegally available for a while now). There are easily accessible underground source distributions of Cisco IOS too. Moreover, the programmers at places like Microsoft are standing on the shoulders of giants. Even if they weren't able to directly access old code bases, their conceptual training in computer science and software engineering came from a university system where the free exchange of ideas is quite highly valued. People no longer respect IP law. Downloading/Uploading an MP3 that someone else copyrighted may be illegal, but we all do it. Soon IP law will be a unenforceable anachronism. Its a stupid conservative restriction on civil liberates like the old sodomy laws that were struck down by the USA court system just recently. Hopefully drug laws will go the same way, then laws requiring taxes (when most of that money goes to killing people). The ultimate libertarian dream would be people slowly realizing that government only has power in their minds. Trying to reform IP law with Creative Commons to replace copyright, free access to patents to replace trade secrets and protected patents, GPL and BSDL to replace MS/Adobe/who

      --
      ------ Take away the right to say fuck and you take away the right to say fuck the government.
  31. Re:OSS Develeopers should abandon Linux for Solari by Anonymous Coward · · Score: 0
    I agree. Solaris is a very much more polished than Linux is. There's plenty of documentation for it. A real, real LVM, and Veritas is always an option. No longer do you have to run Solaris on Sun hardware. Get yourself an x86, and fire it up. As the parent said, OSS developers should dump Linux for Solaris.

    You miss the whole point of free software. It's not just about features. It's about freedom, and that makes linux far, far superior to solaris for most applications.

    Think real hard now: why the hell hasn't SCO nor Microsoft criticized this? Why isn't this a cancer on society, a pac-man of intellectual property? Somehow, perhaps, the cabal sees opportunity here.

    --
    Chris

  32. Premature flaming by SunFan · · Score: 2, Insightful


    It is immature for GPL advocates to get all up-in-arms about the CDDL. Be happy that their is yet another big OSS project in the mix, rather than bitch about "wah, we can't cherry pick Sun's technology for ourselves." OpenSolaris, Linux, *BSD, etc. will all exist in parallel quite naturally. They compete only as brothers, with the common foe being Microsoft.

    --
    -- Microsoft is the most expensive commodity operating system and office suite vendor in the marketplace.
    1. Re:Premature flaming by Anonymous Coward · · Score: 0

      People just don't get that this has NOTHING to do with copyright, and everything to do with Patents. Sun's condition to the OSS community is that no project can use their patents without your code being able to be coopted by Sun to be used in proprietary products.

    2. Re:Premature flaming by Anonymous Coward · · Score: 0


      Er, uh, derivatives of a CDDL codebase must also be released as CDDL with source code...you are a moron.

    3. Re:Premature flaming by SunFan · · Score: 1


      OpenSolaris cannot be made proprietary again. The cat will be out of the bag. HP, IBM, and Dell can take it and sell it without paying Sun for it. There's already talk about OpenSolaris distributions, like Gentoo.

      --
      -- Microsoft is the most expensive commodity operating system and office suite vendor in the marketplace.
    4. Re:Premature flaming by Bruce+Perens · · Score: 5, Insightful
      Dear SunFan,

      It seems you don't understand the issues. The CDDL is a copyright license. We can live with other people having any copyright license they want for their own software. We simply won't touch that software if the license is unacceptable, and we will make sure everybody knows if the license is unacceptable.

      In contrast, patents can be used to prevent us from making our own software. And at $3 Million per defense (per the 2003 economic survey of the American Intellectual Property Law Association), we can not even afford to fight a patent that should not have been granted in the first place.

      In other words, your friends are holding a gun to our heads and you want us to appreciate them.

      Bruce

    5. Re:Premature flaming by Anonymous Coward · · Score: 0
      The cat will be out of the bag. HP, IBM, and Dell can take it and sell it without paying Sun for it.

      Even if it were true, that part matters not at all, because HP, IBM, and Dell already have access to a competitive system that they are familiar with, comfortable with, and made a large investment in.

      But indeed it isn't true; as none of those companies wants to get into a legal battle with Microsoft and SCO whom Sun has anounced secret deals covering patent pooling and patent revenue.

      Unless Sun grants indemnity for all Microsoft and SCO patents that may be included in any CDDL licensed work, OpenSolaris is in practice only a product for Sun.

    6. Re:Premature flaming by Anonymous Coward · · Score: 0

      Dear Linux Fan,

      It seems you don't really care about the issues. Your goal is to spread FUD. Sun's goal is NOT to contribute to the Linux world they are building a competititor to Linux. They want to build their own OS, their own community. The license is certainly not the problem as it is OSI approved and is based on a mozilla license. If Sun released the source to Solaris and every Linux fanboy looked at the code and said - "Hey, I can steal that idea, and implement that in Linux." Then the Opensolaris project wouldn't be around long enough to get off the ground. They have therefore decided to implement the EXACT SAME FEATURE AS IN THE GPL! They say if you release code under the CDDL it stays under the CDDL, even if forked. If I release code under GPL it stays under the GPL even if forked. So, if the problem is that you cannot handle a competitor then get out of the kitchen. It is a free OS, a mature OS, many people like Solaris, many people don't. The OpenSolaris project will attract some but not all developers. Some may have been working on Linux previously. The truth of the matter, as I see it is the Linux community is afraid of a little competition in the Free OS space.
      I think it is perhaps the most interesting may to compete with Linux. Microsoft would like to sue all your happy a$$es into the ground. IBM sends all your jobs to India and then gets you to work for free, Sun joins you and essentially copies your model. If you can't beat 'em join 'em.
      Personally, I prefer the BSD license simply because it isn't a political statement.
      In closing, if you don't like Sun and all the code they have given you then I would suggest you think about where your linux would be without Sun. First start by removing any packages based on Sun code or on Software Sun opensourced. Remove NIS, NIS+, PAM, RPCBind, NFS, OpenOffice just to start with and then see how useful your machine is. Linux would not be where it is today without these essential technologies. I would also say that since you don't like CDDL a mozilla based license that you also remove Mozilla., but it would be kind of hard to surf without your browser wouldn't it.
      It's sad, I never thought I would see more FUD coming from the Linux community then from Microsoft.

    7. Re:Premature flaming by mukund · · Score: 2, Insightful

      Dear Bruce,

      We can live with other people having any copyright license they want for their own software. We simply won't touch that software if the license is unacceptable, and we will make sure everybody knows if the license is unacceptable.

      By your same argument, you can leave Sun and Microsoft alone and stick to using the software you like best. If you want the software patent system to be abolished, knocking Sun is not the right way to do it. Them releasing the patents to be used for CDDL (which I guess will become an OSI approved license) is a step forward from a company like Microsoft which doesn't release anything.

      Don't get me wrong, I don't support Sun or Microsoft, and I don't support the system of software patents either. I'm a software engineer and my freedom is everything to me. But you seem to have your lines confused and crossed when you criticise Sun about what they want to do with *their* property. You don't like the software patent system? Do something about it. Talk to your local government official. Support and form a group of patent defense. Talk to Richard Stallman about having revocation clauses in the GPL for those who sue on infringement. Free software is everywhere and a revocation clause would hurt.

      For right or wrong, the software patent system is entirely legal in many countries. I don't like the social welfare system in the country I live in for example. It takes away my tax dollars. But it is legal. If I want to break it, I don't go about telling my neighbours to hate that other neighbour who utilises the social welfare system. I do something to get the system abolished.

      Mukund

      --
      Banu
    8. Re:Premature flaming by Bruce+Perens · · Score: 1
      Mukund,

      My arguments are not premature. There is an implicit patent threat written in the terms of the so-called grant, coupled with publicity that is intended to make the grant look like a great philanthropic act toward the very Open Source developers who are threatened. What other method do we have to counter deceptive publicity than what I am doing?

      The way one argues for abolishment of a bad law is to cite concrete examples of abuse of the law when they are at hand.

      This is not like the social welfare argument you raise. In that case, some poor people just want to live. It's more similar to having a thug on your street who walks around waving his gun at you, and promotes himself as doing a public service. He bought the gun legally, and has a proper permit. But he's no policeman, and his gun-waving clearly is a threat. Should you tell your neighbors to deplore the thug and that his publicity is a lie, and point out his bad example to others, including the legislature? It would be a good idea.

      Bruce

    9. Re:Premature flaming by SunFan · · Score: 1


      If you don't like the CDDL, don't bitch so much and be happy with what you already have. Patents are a ball of wax unto themselves. I bet every big company out there has a thousand patents that they can pull out at any time against Linux, right now, next week, while we sleep. Just be happy they aren't so foolish.

      Your agenda against Sun is wearing thin.

      --
      -- Microsoft is the most expensive commodity operating system and office suite vendor in the marketplace.
    10. Re:Premature flaming by Bruce+Perens · · Score: 1
      SunFan, no amount of your repetition will convince anyone that this is about the CDDL. It's about the patent grant that is actually a threat. It's deceptive. If that word is too long for you, how about "lie". Its publicity certainly was a lie. Most companies haven't told similar lies. Most companies are smart enough not to make similar threats to the one that Sun's just made.

      I do what I can to fight software patents. I logged 50,000 air miles last year because the battle is on both sides of the Atlantic. Throwing the dialogue of patent blackmailers back in their face is part of that.

      Bruce

    11. Re:Premature flaming by mukund · · Score: 1

      I wouldn't compare Sun to a thug. That'd be calling FUD. I haven't read of a single case where they have litigated offensively on software patents. And after their experiences with issues such as the Kodak case recently, I don't think they'd not have a strong opinion towards software patents. They do some good stuff such as OpenOffice, their work on GNOME and portions of Apache's software. They have released several more projects and contributed to others under open source and non-free licenses.

      Unlike you and me, Sun is a publicly traded company, and so is IBM. IBM has only released a very very small portion of their patents. They register tens of times more patents than this in a year. I'd like to see them open up their entire portfolio. *I'd like to see them stop registering software patents.* IBM actually has a well reknown history of litigating on the offensive with patents. They have responsibilities towards their share-holders, who may not take it kindly to have what is accepted now as legal intellectual property, given away for nothing. Note that I'm not calling X or Y company is bad. What I'm trying to say is that change happens slowly. Sun is trying to open up to the community and yes they need to do more, but it doesn't mean they are similar to thugs any more than any other company in their markets is.

      As far as the welfare system goes, I'm sure you are aware that there are several hundreds of cases where families have lots of children so that they get better revenue from benefits. Some parents don't even work to earn their living anymore as the welfare system lets them lead a comfortable life here in this country.

      I don't mind if my money goes towards assisting a person recover and build his/her life. And I'd like the person to work for it.

      Mukund

      --
      Banu
    12. Re:Premature flaming by Bruce+Perens · · Score: 1
      I wouldn't compare Sun to a thug.

      Well, you compared them to poor people on public assistance, which is even more absurd.

      They are threatening me, and my friends. That's generally going to get them called thugs.IBM presents patent problems too, and if you look back in a press archive, you can see I've been very vocal about the IBM problem too.

      Bruce

    13. Re:Premature flaming by SunFan · · Score: 1


      If you are so bent out of shape over this, why not approach Sun about it? That would go further towards satisfying you than posting on Slashdot...but, then, you wouldn't be working to just turn people against OpenSolaris. I guess the latter provides a bigger benefit to you, personally.

      --
      -- Microsoft is the most expensive commodity operating system and office suite vendor in the marketplace.
    14. Re:Premature flaming by SunFan · · Score: 1


      And when I say "approach Sun about it" I mean, go straight past the PR know-nothings and talk to a Sun lawyer--someone who can talk to you in complete sentences.

      --
      -- Microsoft is the most expensive commodity operating system and office suite vendor in the marketplace.
    15. Re:Premature flaming by mukund · · Score: 1

      Bruce,

      If this's something you want to argue personally against me ("you said", "I said", "so you're absurd"), then I'll stop discussing this here. I did not compare Sun or IBM to the welfare system. Please read my initial post properly.

      I merely said that the software patent system is legal, just like the welfare system, even though I don't think highly of it.

      Mukund

      --
      Banu
    16. Re:Premature flaming by Bruce+Perens · · Score: 1
      I made an offer of advice before the release. Indeed, a number of times. I made it through various official channels. It wasn't taken up.

      In my experience, Sun listens best when you write and publish things about them.Bruce

    17. Re:Premature flaming by Bruce+Perens · · Score: 1
      Mukund,

      You're the one to pick the welfare system as a metaphor of another legal thing you don't approve of. If I were out to criticize you personally, I'd use the ad-hominem fallacy, etc. Instead, I criticized your argument. And I used the word "you" because you're responsible for your argument.

      Bruce

    18. Re:Premature flaming by rpozz · · Score: 1

      Bruce, considering you work in IP insurance, don't you think it's irresponsible of you to post on this story, given your very obvious bias?

      And, lets face it.. with the current screwed up patent/IP system, SCO has proved just about anybody can try and take legal action against Linux. However, I seriously doubt that at this point in time either MS,Sun,IBM or HP will try and pull the same shit SCO did. It's obviously a kamikazee aproach.

    19. Re:Premature flaming by Bruce+Perens · · Score: 1

      I spoke with a vice-president.

    20. Re:Premature flaming by SunFan · · Score: 1


      All we can do, then, is wait. With everything I've read over the past month or so, I really don't think Sun intends to be misleading. They spent five years working towards OpenSolaris, aquiring the IP needed for it. They are walking a tightrope with lawyers shaking both ends, and, so far, they've managed to get 99% of the way to shipping an open system. This entire Slashdot discussion is speculation about details, about what-ifs, about things that Sun hasn't even showed signs of doing. Let's give them a few weeks to respond.

      --
      -- Microsoft is the most expensive commodity operating system and office suite vendor in the marketplace.
    21. Re:Premature flaming by Bruce+Perens · · Score: 1
      I really don't think Sun intends to be misleading.

      I wish I could believe that. I was careful to confirm that the patent grant was CDDL-specific. We already know that. It may indeed be Solaris-specific or specific to folks who assign their copyrights to Sun, that is the sort of detail we have yet to find out.

      If Sun folks did not wish to be deceptive, they would not have promoted it as a bigger deal than the IBM grant, which really does apply to almost all Open Source projects.

      Bruce

    22. Re:Premature flaming by Anonymous Coward · · Score: 0
      Now you're teasing us. Can you tell us what the VP said? Or at least how the meeting went?

      Or is it under NDA (which says something all by itself)?

  33. There's an Apple on that list. by harveyswik · · Score: 0, Offtopic

    http://www.opensource.apple.com/apsl/

    http://www.opensource.org/licenses/apsl-2.0.php

  34. Microsoft? What about SCO? by PornMaster · · Score: 1

    Since everyone's up for getting all pissed about the potential abuse of licensing... I'm sure that some of the Sun code which will be opened has some relation to SCO.

  35. ping by Doc+Ruby · · Score: 1

    So GPL is a license for Free/Open Source Software, and CDDL/Eclipse are licenses for submarines.

    --

    --
    make install -not war

  36. You work for suns marketing dept, right? by argoff · · Score: 2, Interesting


    To be honest, I came from the opposite side of the spectrum where I begged upper managment to listen to me when I told them that a few of these cheap linux x86 servers can do more than that big expensive sun server. Of course, I often just got the blow off while they went out and wined and dined with their Sun rep.

    Well, a few years later, the dot.com crashed - and they decided that it was better to try Linux than to be gung ho on Sun till the point of bankruptcy. Well guess what. Those cheap linux boxes could do more than those Sun servers that cost 10 times as much. And even more, they turned out to be just as reliable and supportable without a platinum sun contract. (have you ever priced one of those).

    Too bad Sun was so jealous of MS that they couldn't accept the Linux thing until it was too late. In fact, it still seems they can't accept it - it seems like they feel it's better to be in a Sun+Microsoft only world than a Linux world too.

    1. Re:You work for suns marketing dept, right? by Anonymous Coward · · Score: 0

      Irrelevant.

      Solaris 10 runs on most decent hardware, now. You don't need a Sun Fire V880 in order to use it.

    2. Re:You work for suns marketing dept, right? by Anonymous Coward · · Score: 0
      Well guess what. Those cheap linux boxes could do more than those Sun servers that cost 10 times as much. And even more, they turned out to be just as reliable and supportable without a platinum sun contract. (have you ever priced one of those).


      So those linux boxes could do more eh.. Like what?

      I will be the first to admit that Sun hardware is very expensive, but horseshit like this is what kills many of the linux fanboy arguments. What you're paying for is service, support, and RISC hardware. Show me a linux cluster that looks like it's held together by duct tape doing something "kewl", and I'll show you a couple of Starcats sitting side by side in a cluster tracking cell phone billing in near real time over a six hundred mile radius. If they're professionally configured you can hit those bastards with anything short of a tactical nuke and guess what.. Granny is still getting billed for calling Peoria.

      Sure, you want a web server? Linux (or if you're smart, *BSD). If you want mission critical ANYTHING, it is spelled Solaris or AIX.. pick your poison.

      And don't even get me started on commodity Dell hardware made in goddamn Albonistan. You can fart in the general direction of a so-called Dell mid-range machine and take it out.

    3. Re:You work for suns marketing dept, right? by Anonymous Coward · · Score: 0

      Don't most enterprises want support contracts for Linux also ? Ive heard the Redhat enterprise contracts are not cheap either. So since Solaris 10 runs on x86 you don't even need sun branded hardware, personally I was checking
      out there opteron systems and thought they were the shit

  37. I worry about this by strider44 · · Score: 2, Insightful

    Basically they've quite deliberately (under the pretence of removing an overly "burdensome" section of the license) inserted a loophole that they can exploit. Developers working under the CDDL just have to trust that Sun are "good" and working under their best interests.

    I'm not sure I trust Sun the way they hope that the community trusts them. Even though IBM's 500 patent donation (just looking at quantity, not quality) is smaller, I think it's more significant to the open source movement. Only when Sun legally bind themselves for our trust like IBM has will I start trusting them.

  38. The EPL doesn't stop IBM's donation from "leaking" by bmetz · · Score: 3, Informative

    The EPL doesn't stop IBM's donation of the original Eclipse source from "leaking" into competitor's products. In fact, the EPL has enabled many vendors to build products which directly compete against IBM's offerings. It is also important to note that in the case of Eclipse there is an independent non-profit organization which develops the code -- hence the E in EPL.

    --
    What did you eat today? http://www.atetoday.com/
  39. Re:OSS Develeopers should abandon Linux for Solari by SunFan · · Score: 1

    It's about freedom, and that makes linux far, far superior to solaris for most applications.

    How is Linux more free than OpenSolaris? You cannot argue that it is; you can argue only that Linux came first in the OSI sense. This ordering is irrelevant, and it is undenyable that both Linux and OpenSolaris are free systems.

    --
    -- Microsoft is the most expensive commodity operating system and office suite vendor in the marketplace.
  40. You would have to be daft... by Anonymous Coward · · Score: 0

    to think that Sun, or any of these companies, are giving up their competitive advantage and donating their IP. That would be a formula for destuction in the business market, which is not based on everyone patting themselves on the back and donating code. It's about competition and undercutting the competition with an edge.

  41. Uhh, it is Sun that is Jealous by argoff · · Score: 1


    Otherwise, why would they be trying to muscle into the Linux space. However speaking of jealousy, how about a nice look at the history Scott McNealy and Bill gates.

    1. Re:Uhh, it is Sun that is Jealous by Anonymous Coward · · Score: 0

      Muscle into Linux space? RedHat is stealing enterprise customers left-n-right from Sun! Nobody cares about what you hippies run on your 586s.

  42. Re:OSS Develeopers should abandon Linux for Solari by Anonymous Coward · · Score: 0

    Freedom? Features?

    Have you even used Solaris before?

    I can run almost in "open-source" app in Solaris. Check out blastwave.org.

    As for SCO and Microsoft, I don't care about either of them. You're turning the "Linux vs. Microsoft vs. SCO" argument into an argument where somehow you are inferring that Sun creates technically insuperior products.

    As I've said,

    freedom, open source != technical superiority.

    Get off the pot.

    When will you Linux zealots realize that just because Windows is a terrible propiertary OS, does not mean that every propiertary UNIX is a terrible. In fact, Solaris is now open-source. Get over it.

  43. Re: Propaganda by vettemph · · Score: 1

    Total Bullshit. This is just a cheap move (actually a billion dollar move) to dilute GNU/linux paid for by Microsoft. Your part of the problem, not the solution. We must keep the code open and we must keep it out of Microsofts hands.
    Say no to CDDL'ed Solaris, Say no to Microsoft. GNU/Linux is the peoples code.

    --
    The government which is strong enough to protect you from everything is strong enough to take everything from you.
  44. Overall Good Move for Sun by The_Dougster · · Score: 2, Insightful
    There has been a lot of heresay about Solaris being technically superior to Linux, and in some cases this is warranted, but for the most part I would tend to disagree.

    Especially if one compares the Solaris system to the GNU system, technically superior might not be as good as flexible and usefull. I admit that I am a command line commando and I like lots of command line switches and options. In my experience, the GNU operating system utilities are the best to be had. Perhaps they don't run fully optimized, but doing exactly what you need at any speed is better than not doing what you need at high performance levels.

    Sun's obvious plan here is to use the Solaris Unix kernel and bolster Solaris with more feature-rich GNU-derived utilities. Their open source initiative is their "right" to justly use and incorporate the bulk of GNU into the arms of their Solaris operating system.

    It's a good idea for them, and they are acting on it while the iron is hot. Solaris can benefit from all the great GNU software as first-class packages rather than /usr/local slipshod type upgrades.

    I would presume that the Solaris UNIX kernel is indeed technically superior to the Linux kernel when running on Sun hardware, but I think that I will continue to run the Linux kernel on my non-Sun machines. I know that if the license is compatible enough, Debian will soon make a Debian GNU/Solaris which boots the Solaris kernel into a Debian userland (on Sun hardware). That seems to be the way of it.

    --
    Clickety Click ...
    1. Re:Overall Good Move for Sun by Bruce+Perens · · Score: 1
      Doug,

      The only fellow who tried to establish technical superiority of Solaris that I've heard of so far was not personally up to the task.

      I am sure they have some stuff that's better in Solaris, for now, and Linux has some stuff that's better. Two years from now, if Sun and its buddies do not mount a patent attack, that will not be true. Linux will have completely overtaken Solaris. And that's why I fear the attack will happen.

      Bruce

    2. Re:Overall Good Move for Sun by Anonymous Coward · · Score: 0
      The only fellow who tried to establish technical superiority of Solaris that I've heard of so far was not personally up to the task.

      It seems like dtrace is one area where solaris has a sizeable lead over similar technologies in linux like dprobes/ltt...or at least this redhat engineer seems to think so

  45. The end for Sun is near by DigiShaman · · Score: 1

    Just like SCO, when a company start whipping out the lawsuits it's good sign the company is in deep shit! No company would risk bad PR unless it was their last gasp of air to maintain market share.

    Just goes to show, when a company is about to go under, they at least go down fighting.

    --
    Life is not for the lazy.
    1. Re:The end for Sun is near by Anonymous Coward · · Score: 0

      Dusk?

    2. Re:The end for Sun is near by Xyrus · · Score: 1

      "Just goes to show, when a company is about to go under, they at least go down fighting."
      ^^^^^^^^

      Uh, I think misspelled whining. :)

      ~X~

      --
      ~X~
    3. Re:The end for Sun is near by Tpenta · · Score: 1

      I'd be interested to know exactly which lawsuits you are referring to that Sun is "whipping out"?

      Tp.

    4. Re:The end for Sun is near by Tpenta · · Score: 1

      Hmmm, no response, could it possibly be that there aren't any?

      Tp.

  46. RMS vs Sun vs Mozilla. by Anonymous Coward · · Score: 1, Insightful

    You have to understand that the provisions in the CDDL are designed to protect the users against liability for using software.

    If you use software that is promoted under a F/OSS software license such as the BSD or CDDL or GPL it can inadvertantely make you liable to patent claims.

    Now the BSD and GPL do nothing to address these issues. Nothing in the BSD allows a person to grant rights to use patented software... They are only deal with copyright issues.

    When people say 'intellectual property' they mean 1 of 3 completely different things. It's a bit of a misnomer, IP is a concept that doesn't realy exist. It is mearly sloppy language when taken in a legal context..

    The reason that it is not GPL compatable is because it's addresses certain aspects of patents that the GPL doesn't.

    All RMS (and I beleive they are planning to do this in the near future) has to do is address patent issues in a similar vein with a future draft of the GPL and then you will be able to use Solaris code in Linux.

    This is not a move from Sun against Linux, I beleive, this open sourcing of Solaris is a way to promote the use and developement of Solaris.

    The patent stuff is just a unfortunate artifact of today's legal climate and CANNOT be avoided anymore.

    Don't worry, this move by Sun will promote free and open source software.

    Remember folks, what matters is the software. If the Linux kernel obsolecense and falls by the wayside because another free software OS gains prominance, that's OK. (it won't happen, though. Linux kernel itself is very very competative in design.)

    Most of the FOSS software that you use and depend on can easily exist in a BSD or Solaris enviroment as anything else.

    1. Re:RMS vs Sun vs Mozilla. by Anonymous Coward · · Score: 0

      I dunno why this is modded to 1. It should be higher - the only sane voice in here

    2. Re:RMS vs Sun vs Mozilla. by Anonymous Coward · · Score: 0
      You have to understand that the provisions in the CDDL are designed to protect the users against liability for using software.

      Uh, you didn't RTFA the article at all.

      The entire complaint is that the CDDL

      1. does *NOT* protect the users against liability
      2. removed the Mozilla clause that would have required disclosing what patents are covered, and
      3. allows IP-holders including Microsoft to sue.
      How could you possibly read the license the way you suggest?
  47. Convenient... very convenient by spectecjr · · Score: 1


    Everyone! Look the other way! It's really Microsoft's fault that we're doing all this to you really - don't blame us. We've got nothing to do with it.

    --
    Coming soon - pyrogyra
  48. Re:The EPL doesn't stop IBM's donation from "leaki by Bruce+Perens · · Score: 1
    Bmetz: agreed, but be sure not to confuse the IBM patent license from the Eclipse copyright license. This is essentially a patent matter, as we could care less what Sun does with their code if they don't want to be good sharing partners, but we have to care about their patents.

    Thanks

    Bruce

  49. Re:OSS Develeopers should abandon Linux for Solari by Anonymous Coward · · Score: 0
    Huh?

    Linux is unencumbered by patents, and has major corporations (IBM, HP, Novell) standing behind this fact for their customers.

    Solaris is encumbered by Microsoft, Sun, and SCO patents.

  50. Sun is a victim of the OS movement by yajacuk · · Score: 1

    Companies are in for one reason, and that is to increase their profit. If giving something free to others helps increase their profit, they will do it.
    The difference between IBM and SUN, in my opinion, is that IBM is profiting from Linux and the Open Source community. Sun on the other hand is losing some of their consumers because of them. IBM is not a superior company then SUN in this specific area. Both companies are exactly the same, run by management that only cares to increase their operations.
    The Open Sourcing of Solaris 10 is just one of the ways SUN has to increase the level of investment on their Operating System but they do not support Linux or the open source community as they claim.
    IBM's support to Linux and the OS community cannot be placed on the same level because one is growing strong because of it, the other is becoming a victim of the movement.

  51. Trust a company??? by Anonymous Coward · · Score: 0

    Stupid idea. Companies change over time. They will regard all contributions and the whole package THEIR sole property and will do with it as they see fit. Just wait for a drop in stocks, or a sale, then the worms come out of the woodwork.

    An unacceptable license is, and always are, unacceptable.

  52. They can try.... by raehl · · Score: 1

    But do they have a license to ill?

    Without that, I don't think they stand much of a chance.

  53. BZZZT! ERROR! by Steeltoe · · Score: 2, Informative

    Patents, already covered. Sun may at ANY time, due to loopholes in the license, close down everybody else distributing and working on "OpenSolaris". Besides, THEY own all YOUR changes (slave-license). In GPL ONLY YOU OWN YOUR OWN CHANGES (unless you donate it to the FSF).

    OpenSolaris has a license incompatible with the FSF (Free Software License). While TONS of other licenses are indeed compatible with FSF and the GPL: Check it out..

    Seeing your nick, you're a troll. This is not for you, but for those you might mislead.

    1. Re:BZZZT! ERROR! by SunFan · · Score: 1


      Seeing your nick, you're a troll. This is not for you, but for those you might mislead.

      Appreciate that my bias isn't hidden. Are you so aware of people posting here who are HP fans or IBM fans or Microsoft fans? You really need to think about this, because there is a FUD storm surrounding OpenSolaris, right now.

      --
      -- Microsoft is the most expensive commodity operating system and office suite vendor in the marketplace.
    2. Re:BZZZT! ERROR! by Anonymous Coward · · Score: 0

      Appreciate that my bias isn't hidden. Are you so aware of people posting here who are HP fans or IBM fans or Microsoft fans? You really need to think about this, because there is a FUD storm surrounding OpenSolaris, right now.

      Ok, you get the benefit of the doubt.

      The reason people do this, is that licenses are really important to have straight. Sun has repeatedly shown it does not "get it". One week it attacks Linux, the other it releases patents under dubious clauses, the third it releases OpenSolaris with an incompatible license immune from those clauses.

      This is not just about OpenSolaris. Focus should be on the whole, which when you take everything together looks rather ugly in this case.

      It's easy for Sun to fix either the patent or the license, so that the issue dissolves. But with Sun opting for an exit door, it's clear that they're not really giving away anything. This is all a way for a dying company to make a mess, clutching at straws.

      We can't afford to accept such a poison-pill by anybody.

      IBM may be a behemoth, but the company is really SUPPORTING the community of free software, and has shown again and again that it truly understands the issues and how to make a difference.

      Sun is only playing catch-up, and not truly giving away anything. It's rather pathetic to watch really. Anyways, it's too late for Sun to make a difference.

  54. As Bricktop might say... by Anonymous Coward · · Score: 0

    'When I throw a dog a bone, I don't wanna know how it tastes'.

  55. OpenSolaris IS VIRAL ... by quarkscat · · Score: 1

    After reading though the ./er postings and
    GrokLaw's take on the CDDL, and the warning
    (blog) about Sun's 1600 patents, there have
    been enough issues exposed (IANAL) to stay
    away from ANY Sun CDDL code (so I am waste-
    binning the DTrace code I D/Led UNOPENED).

    Sun, after wrestling with MSFT for more than
    5 years (over Java, etcetera), has joined the
    Bill-Borg collective (IMHO). Their secret
    cross-licensing deal with MSFT regarding
    software patents SHOULD raise alarm bells
    with ALL F/OSS developers. Especially when
    you consider that very many (most) software
    patents issued by the USPTO are based upon
    a long background of "prior art". Corporations
    can ONLY be trusted to do whatever they judge
    to be in their self-interest AT THAT TIME, as
    it is in their nature. The deepest corporate
    pockets buys the most lawyers and the most
    "face-time" with the politicians, which puts
    F/OSS development efforts at a disadvantage
    in the courtroom -- the ONLY protections that
    F/OSS has is the GPL/LGPL. I predict that
    Sun's CDDL will morph only to the point that
    the F/OSS community will be placated/numbed
    into becoming Sun's unpaid "employees".

    At some point in the not-too-distant future,
    the Sun-MSFT Alliance will turn (in the courts)
    against GPL/LGPL, in effect supporting SCO Group
    lawsuits. This future event is both predictable
    and inevitable.

    Just my ever depreciating $00.02 worth ...

  56. uncalled for by sacrilicious · · Score: 2, Interesting
    I bet you do; if OpenSolaris succeeds, it's going to break your $300/hour rice bowl. (Or is that the $5300/talk rice bowl?) However you figure it, you have a huge economic interest in the failure of OpenSolaris...

    What a petty and misguided attack on Bruce.

    Bruce's analysis and instincts about this issue are right on target.

    Something very bad is going on at Sun... management is consistently posturing and conniving, rather than focusing on producing value. As a reluctant stockholder of Sun, I'm concerned. As a spectator, I'm disgusted. I almost have more respect for the SCO people... because I don't really believe that SCO management is deluded enough to think that what they're doing is anything but a naked grab for money. Sun thinks it's on a holy mission.

    --
    - First they ignore you, then they laugh at you, then ???, then profit.
    1. Re:uncalled for by Anonymous Coward · · Score: 0

      I don't think this is the case. There were some adjustments in the provisions of the CDDL before its final but it is still essentially a slightly relaxed version of the MPL. And no, it's not compatible with the GPL. The patent provisions on the whole are necessary to ensure code contributors license their patents along with the code allowing OpenSolaris to incorporate patented technology safely.

      The GPL is not appropriate for many projects including Mozilla, particularly where the code is being donated by a commercial enterprise. GPLing the OpenSolaris code could for example make it impossible for Sun to distribute its own Solaris distro because of the requirement to GPL linked code. If Sun or Netscape have/had differences in their proprietary versions that they don't have the right to re-distribute in source form they would be violating their own GPL license. In Netscape's case IIRC the original crypto code was proprietary.

      I'm sure no reasonable person would deny Sun the right to continue to sell their commercial Solaris product?

    2. Re:uncalled for by Anonymous Coward · · Score: 2, Insightful

      What this boils down to IMO is that Solaris 10 is not a competitor to Linux. It's chained by a complicated license that forces you to scratch your head and wonder where the company's intents lie on the spectrum running from "hobbled" to "insidious". Whatever Sun's intent, their license fails the test of "it takes only a few minutes for me to understand how it protects developers and users". I predict a big fizzle, and the dismantling at Sun of this license approach within three years.

    3. Re:uncalled for by Anonymous Coward · · Score: 0

      You can always buy Linux insurance.

    4. Re:uncalled for by SunFan · · Score: 1

      What a petty and misguided attack on Bruce.

      No, it wasn't a petty attack at all. Bruce has an agenda against Sun, evidenced by his comments today and by his prior employment with HP (a Sun foe). Slashdot needs to start putting less weight on his opinions in any thread concerning Sun.

      --
      -- Microsoft is the most expensive commodity operating system and office suite vendor in the marketplace.
    5. Re:uncalled for by Anonymous Coward · · Score: 0
      No, it wasn't a petty attack at all. Bruce has an agenda against Sun, evidenced by his comments today

      So Bruce's comments today evidence his agenda against sun, which means we must discount the opinion expressed in his comments today. Since his comments don't agree with the desired outcome of bolstering Sun. Makes perfect sense. And of course any agenda against sun would be illegitimate, but any agenda in favor of sun is perfectly fine.

      Some people would qualify Bruce as an expert on open source. But you're right, it feels more correct to assume that all comments he makes spring from the fact that he's terrified of losing his status in the OSS community because Solaris is taking over. In fact, it's difficult to see how this rationale wouldn't apply to any advocate of open source. I'll bet Linus keeps programming on linux because he doesn't want to lose HIS rice bowl or whatever it is he eats. Not because there's any value to linux, there isn't. Doubly so now because Solaris 10 just came and kicked linux's ass. Game over. Let's quickly put all our money in sun stock, because they are going to the moon shortly. Quickly now. These deals won't last long.

    6. Re:uncalled for by Anonymous Coward · · Score: 0


      If you read Bruce's comments, it isn't "let's give Sun a chance. let's see where this is headed" it's "these people are liars and crooks, so **ck 'em". Quite knee-jerk and quite loaded thick with FUD. This whole patents issue came up _this_week_, for Christ's sake.

    7. Re:uncalled for by Anonymous Coward · · Score: 0
      You must be reading some different quote. Bruce's post in this thread is (and I quote):
      Everything we've heard about Sun's strategy so far seems to be geared to act as a "spoiler" rather than a partner in the Open Source community. The most egregious part is the implicit threat: we've got 1600 patents held over your head, Linux users, and we've got an agreement with Microsoft about them...
      Granted it's not laudatory of Sun's actions, but it's hardly "these people are liars and crooks, so **ck 'em". You've got some heavy filters on.
  57. Open Source Exclusion by tomhath · · Score: 4, Interesting

    I work for a company that has a cross-licensing agreement with Microsoft. One of our lawyers explained that if we write code that infringes on a Microsoft patent, we're covered. But Microsoft insisted on an exclusion for Open Source. If we use an OS product that infringes, the cross-license agreement does not apply; they can come after us and our customers.

  58. No such paragraph? by WebMink · · Score: 1

    > The mozilla license has a paragraph that says: you can convert
    > this license to the GPL and mix it with GPL software legally.
    > Sun deleted that paragraph

    I checked the red-line diff between the CDDL and MPL and I can't see any such paragraph. Please explain.

    1. Re:No such paragraph? by Bruce+Perens · · Score: 1
      Sun deleted exhibit A entirely. That exhibit is present with Mozilla's distributed products.

      Bruce

    2. Re:No such paragraph? by WebMink · · Score: 1

      But the deletion of 'exhibit A' is explained in the detailed rationale thus:

      This section is based on Sections 3.3 and 3.5 of the MPL, though the form by which a Contributor identifies Modifications is no longer specified. References to Exhibit A were also removed. This was done because the requirements of the MPL seemed overly specific and burdensome; even the Mozilla community doesn't seem to consistently adhere to this practice. Since failure to follow requirements of the license can have significant legal repercussions, it seemed best to be pragmatic and leave the details of how notice is provided to the community and its developers. We note that our requirement is similar to that of other open source licenses (e.g., CPL, OSL).

      In other words, the change is not about preventing code mingling or license changing. Multiple-licensing is actually left to the governance of the open source project in question, just like it actually is with the MPL. Exhibit A doesn't create a need for the original developer to multiple-license nor a right for downstream developers to vary the license the original developer uses. Even if it had been left intact, it would not have placed a duty on Sun to offer multiple licenses (which they still could in a separate contributor agreement), nor would it have given you or anyone else the right to vary the license after the fact.

      Thus I'd assert that your original claim ( "The mozilla license has a paragraph that says: you can convert this license to the GPL and mix it with GPL software legally.") is a misreading and that Sun hasn't done the damage you assert (at least not here).

    3. Re:No such paragraph? by Bruce+Perens · · Score: 1
      Simon,

      This was done because the requirements of the MPL seemed overly specific and burdensome

      "Burdensome" means "we didn't want to do it". Had they wanted to leave the decision up to the individual Open Source project (presumably OpenSolaris), they would have left that appendix in place in skeletal form. I've never heard of anyone on the Mozilla project who considers that appendix to be burdensome.

      Even the Mozilla community doesn't seem to consistently adhere to this practice.

      It's critical that they do adhere to this practice, or otherwise the Gecko renderer could not be included in GNOME. That's the first one I thought of, no doubt there are other relationships like that which must be maintained through dual-licensing.

      Thanks

      Bruce

  59. short version?!? by Anonymous Coward · · Score: 0

    "For /.ers who don't like reading a lot, the most important point is that 'it would be possible for developers co-developing Open Solaris to someday find themselves" ... blah ... blah ... blah ...

    Here! was it a good article ??!?!?! :)

  60. So, would we be better off without OpenSolaris? by Anppa · · Score: 1

    No free Solaris for those who want it, and Sun would still have its patents for all kinds of suing?

    --
    I, for one, mod down lame stereotypical jokes.
  61. Head Hurts by Anonymous Coward · · Score: 0

    My head Hurtz.

  62. will Sun be forced to change it again? by zogger · · Score: 1

    This thing is starting to have some additional odors to it. It's weird, reading some of it, it gives me the sense that they were forced to write something aiming at multiple moving targets. I am guessing a few points: It not only looks to seriously fork and harm the now standard and accepted gpl version of upcoming computing (this is obvious really), but it also looks to down the road harm Sun itself, which don't compute on the surface or two levels deep at least. Because of that, the odor goes to the secret ms/sun agreements and the personalities involved there. Hmm, have to tippy toe carefully now..I am just wondering what exactly went down in some backrooms off the aisle away from the "official" backroom? People will have to use their corruption/conspiracy imagination on that one.

    And we have the still outstanding shakeout with sco/ibm and novell really, as in "who knows" what that outcome will do. Despite all the claims and assurances from tom, dick and harry across the net, it's still in the court system and that's a gigantic wildcard, one of the moving targets I mentioned.

    As for developers, you take your chances I guess. Looks like you could enjoy the fruits of your labors to a very controlled and limited level until such a time in the future as someone surprises you with a "OK, thanks, see ya later or pay me bigtime" notice, that you would have agreed to in advance. Like painting yourself into a corner. That's the best analogy I have in simplistic form. Caveat emptor.

    1. Re:will Sun be forced to change it again? by Anonymous Coward · · Score: 0
      I don't even think it takes much backroom innovation.

      • Sun and Microsoft had a huge $2 Billion cross-licensing agreement.
      • Sun wants to be the only legal vendor of Unix-like OS's (hense their SCO license for Linux; an their Microsoft license for solaris).
      • Sun and Microsoft both compete directly with IBM/Linux.
  63. Re:OSS Develeopers should abandon Linux for Solari by krakrjak · · Score: 1

    The volume management on Solaris is tacked on. Veritas is an option as it is on linux, HP/UX, AIX and almost any other operating system out there. I prefer the BSDL LVM implementation over just about anything out there. LVM works *very* well and the same version runs on Linux that runs on HP/UX. Solaris may be more polished on Big Iron, but Linux isn't really lagging by much. Just look at what IBM has committed with their new Power5 based servers where feature parity between AIX and Linux is almost a reality.

    So while Solaris is more polished on Sun hardware I have a hard time believing that Sun has been doing much more than lagging behind other Commercial Unix shops for the last several years. Look at how far AIX and HP/UX have come and the hardware they run on. Sun's JVM isn't fastest on Solaris so where is that polish?

  64. Wacky Idea... by IllogicalStudent · · Score: 1

    Has anyone ever thought of writing a whole bunch of insane software licenses, copyrighting them, and then refusing anyone from infringing on their copyright by using said licenses? Is that even possible?

    --
    But Maaa! Everyone else has a .sig !
  65. Re: You seem to misunderstand by Anonymous Coward · · Score: 0

    The reason for the complexity is to assure that the wording is ambiguous. That way there is plenty to litigate over and the lawyers can get their hands into everyone's pockets, plantiffs, defendants, court system (taxpayers), each other, developers, corporations, etc. Corporations with big legal teams like this because even the threat of litigation is useful in extending their reach beyond what the law might allow. Only those unable to bear the cost of litigation have anything to fear. They are like chickens, easy to pluck and ready for taking.

    To understand what freedom is about in this country, you have to know how it works.

    We must encourage more litigation until the entire system of innovation is completely killed. Then, and only then will the system finally collapse.

    If this bothers you, go into the ministry or into the legal profession. Both sectors are much stronger now, and there is much more money to be made in either than in developing software. They also have the advantage that you can brainwash folks without the burden of writing complex code.

  66. Re:OSS Develeopers should abandon Linux for Solari by sm00th · · Score: 0

    Yes, Veritas is available for Linux, as well. I'd prefer to stick with comparing the LVM's that come with each of the OSs. Even still, Disk Solstice is much better than the 'Linux Volume Manager,' or whatever you would like to call it.

    I'm aware AIX does have the best LVM around. IBM is going to keep pushing AIX, and the only reason IBM is pushing Linux as much as it is, is because they're trying to dominate a niche market - a market Sun and HP both are in.

    As far as this 'Linux on Power5' garbage I keep hearing, it's one server that IBM is pushing it on. Look at the rest of the pSeries line. There's how many systems? Certainly more than one, and IBM is pushing AIX on those.

    Do you think IBM is really pushing Linux as much as you'd like to think? Why did they incorporate Linux compatibility into AIX? So, they wouldn't have to switch the hand that feeds them to a under-developed, low-level operating system, called Linux.

    Solaris not being polished? Nonsense. Almost every task you can think of in Solaris can be configured through a slick, very slick Java GUI called SMC. SMC also can remotely administrate your whole Solaris network. Show me a Linux tool that can do that. Solaris also supports almost every UNIX standard in existence. You even have a totally seperate directory for XPG4 junk. If you don't like the traditional Solaris/XPG4 userland tools, check out blastwave.org and download the GNU ones. Big deal.

    Isn't Linux still using that lame /dev/hd[az] garbage? I'd hate to locate one storage array among a few hundred in a real datacenter. Save your Linux fanboyism for your bedroom, don't bring it into a real IT department.

    --
    There's pissing contests all over. OSS is just another one.
  67. IP insurance by Bruce+Perens · · Score: 1
    I serve on the board of Open Source Risk Management and collect no salary. The company has graciously paid for some airline tickets in order for me to lobby against European software patenting, etc. They have never attempted to set my agenda. They are useful to the Free Software community as an aggregator of defense services. They have an incentive to protect Open Source developers from legal claims that could effect OSRM's customers. In other words, they are one of the few companies that we can really count as being on our side in the software patent fight. Why wouldn't I help them?

    It's remotely possible that I could make some money from OSRM stock someday, but that's never worked before. I own about 8% of Progeny Linux Inc., and haven't made a cent from that. All of my money is coming from speaking and consulting. Nobody pays for my work on Open Source, which takes up about half my time, so I have to pay for it myself.

    Bruce

    1. Re:IP insurance by Anonymous Coward · · Score: 0

      I serve on the board of Open Source Risk Management and collect no salary.

      You collect bullet-points on your resume. These are worth much more than mere paychecks.

  68. I'm sure I've seen a dilbert cartoon like this.... by Anonymous Coward · · Score: 0

    "..... developers co-developing Open Solaris to someday find themselves blocked from distributing code by a Microsoft patent infringement claim, while leaving Sun, because of their cross-licensing deal with Microsoft, free to continue to distribute the contributed code."

    First we train the customers to do our work for us..... :)

  69. danger by sad_ · · Score: 1

    it is best for any person working on linux or another gpl project not to take a look at _any_ of the source code that sun is/will be releasing.
    we will have to be carefull as it is, and i'm sure they are on the lookout waiting for us to make a single mistake. and a single mistake will be all it takes...

    --
    On a long enough timeline, the survival rate for everyone drops to zero.
  70. The frothing hordes of Stalmans and Perens... by Anonymous Coward · · Score: 0

    /.'er un-tie! err unite!

    Sun will not have the Contributors' Agreement finished for weeks, perhaps months.

    Bruce Perens is an Open Source evangelist = another frickin witch hunter...

  71. sun and open source by torrents · · Score: 1

    sun needs to embrace open source quickly and decisively if they want to survive and gain a broader base of support from developers.

    --
    Get your torrents...