On 26/01/10 01:19, Joerg Schilling wrote:
Jan de Groot wrote:

It seems that GPL and CDDL have some conflicting paragraphs, so even if
CDDL allows linking to GPL with this exception, GPL doesn't allow the
other way around.

I am not sure where you have this idea from....

The CDDL allows to combine CDDL code with other code
and the GPL permits to link any GPLv2 program against any independent
library under any license.

Note that the GPL is an asymmetric license that disallows code based on GPLd
software but if a program _uses_ a library, the library definitely is not based
on the program code that just uses the library code.

The common understanding of the laywers in Germany and the USA on what's 
happening
when a program links against a library is that this creates a so called 
"collective
work" which is not a derived work. The GPL definitely allows such collective 
works.

See page 114 ff. in:

http://www.rosenlaw.com/Rosen_Ch06.pdf

Lawrence Rosen is the legal advisor of the OpenSource Initiative opensource.org.

The FSF interprets that quite differently.
http://www.gnu.org/licenses/license-list.html#GPLIncompatibleLicenses

        This is a free software license. It has a copyleft with a scope
        that's similar to the one in the Mozilla Public License, which
        makes it incompatible with the GNU GPL. This means a module
        covered by the GPL and a module covered by the CDDL cannot
        legally be linked together. We urge you not to use the CDDL for
        this reason.


So the debate as it stands is:

FSF says no
Sun says yes

Now, the FSF has an interest in the GPL as Sun does in the CDDL. So these answers are probably not completely unbiased. At least one answer is wrong... the obvious key is knowing which, and we really are not in a position to find out ourselves.

So the only solution I can see is to cover out asses and just not distribute cdrtools.

Allan

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