I propose we take this discussion over to the GNU/Solaris forum here on
OpenSolaris.org - do join me there :-)
S.
On Sep 7, 2005, at 15:27, Sven Luther wrote:
On Wed, Sep 07, 2005 at 02:10:08PM +0100, Simon Phipps wrote:
On Sep 7, 2005, at 13:46, Sven Luther wrote:
Now, i believe the OpenSolaris kernel itself is not a problem, since
it is
devoid of any GPL/LGPLed code (am i right there ?). If this where not
the
case, OpenSolaris would be undistributable, so i guess Sun didn't
burden in
this way, especially not when claiming to have the lawyers look over
all the
code all that time back.
Correct. Getting back to the original subject, what does that mean for
the potential of creating Debian/Unix based on OpenSolaris?
Ok, ...
Debian GNU/OpenSolaris, as it would be called, having a OpenSolaris
kernel and
a GNU userland is not concerned by the GPL incompatibility of the
CDDL, but
solely on the non-freeness of the CDDL, which seems to involve right
now the
controversial choice-of-venue clause. At least if you want that effort
to be
part of debian, and not create your own thing apart from it.
Now, my opinion is that the choice-of-venue clause problem should be
cut in
two, and leave the choice-of-venue to the defendant, as seems to be the
default in international contract law, but it would be nice to have
real legal
advice on this. This would be akin to old-time duels, where the
defendant had
choice of weapons :).
In any case, the choice-of-law is more important and can be set without
problems in the licence.
The second point would include creating a mixed userland of OpenSolaris
and non-OpenSolaris userland, where GPL or LGPL compatibility of the
userland
tools would be a big plus to easily intermingle the various apps and
libraries, but not an absolute need, and is a complicated mess due to
all the
licences considered.
So, my recomendation is the following :
1) for the OpenSolaris kernel, change the CDDL to not include
choice-of-venue.
2) use a different GPL/LGPL compatible licence for the userland, or
possibly
a dual licenced CDDL/<insert random GPL compatible licene> solution.
All
userland projects (mozilla, Qt/KDE, OpenOffice), have gone for
something
such.
I am still not sure for the potential of using GPLed kernel drivers
with the
OpenSolaris kernel, as i am not familiar enough with the technical way
the
OpenSolaris kernel operates, but as long as there is a clear interface
between
the kernel and modules, the derivative-work-thingy will not cross this
boundary, anymore than it does for linux modules.
Friendly,
Sven Luther
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