For folks internal to Sun who are overloaded with driver development duties, 
there may seem like there is no end to the volume of drivers we're including 
into the build trees.  But the fact is, each of those that goes into Open 
Solaris and eventually Solaris has huge encumberences.  A tremendous legal 
effort is expended to negotiate open source under the CDDL to Sun, which 
controls the terms.

With GPL, the redistribution is automatic and viral.  Once a company releases 
source themselves and attaches a GPL header, it's over.  In fact, the 
architecture of GPL Linux tells companies that they taint the kernel when they 
don't release truly source built binaries.  There is a grey area where many 
companies are building drivers today that technically derive from the kernel 
interfaces and headers that are GPL, not LGPL and thus may be subject to some 
harsh legal action if the Linux folks actually chose to take action, and hence 
the work proceeding on rewording GPL in latest version 3.  But in general, once 
released as GPL, it's fully redistributable and anyone can look and derive and 
improve and re-release and propagate the GPL driver code.  There are no further 
legal encumberances - and that was one of the intended benefits of copy left.  
The GPL isn't about intellectual rights - the authors retain all rights to what 
they know; but the version they released under the GPL is basically out of 
their control.  Anyone who contributes and improves it gives it back 
automatically to the community under GPL, and the company that issued it, can't 
even take that version back and include those new enhancements without 
re-issuing under the GPL, even though the original work was theirs.  That's 
because those enhancements are GPL.

The net effect is that driver development is MUCH faster and intellectual 
property gathered benefits everyone.  Under CDDL, each company negotiates terms 
with Sun that usually preserves their ability to re-incorporate joint 
improvements made under CDDL.  They can then combine these improvements and 
improve upon them in future revisions and not release them to the CDDL under 
such contracts, and so drivers on Open Solaris may stagnate after the first or 
second generation, especially if hardware enhancements occur that build on 
existing code and have some minor new changes to make it work.  A 
re-negotiation happens on the next gen... and this adds viscosity to the whole 
process and increases frictional drag on development.  End results are that it 
takes more work to get drivers onto Open Solaris.

There is an advantage of course if businesses want to profit;  the CDDL is 
definitely pro-business.  But it's a two edged sword for a small growing OS.

If Solaris were MONSTER monopoly OS selling 200 Million units per year world 
wide, and having only 5% of the market actually ever installing OS, and 95% of 
the systems coming pre-installed by OEMs, well, then we could sustain a fully 
proprietary driver program where OEMs submit to the will of MONSTER OS and 
actually pay to have their driver (which they write) certified and possibly 
verified and signed for inclusion in MONSTER OS.   But OpenSolaris isn;t 
there....yet, and hopefully will never be closed.  I'd much rather see 
200Million units installed per year and driver source fully open and viral.
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This messages posted from opensolaris.org

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