Hi 

It's just my personal opinion and i'm not a lawyer (and i don't want to be one)

regarding your statement 1) 
"The rights that you grant to us under these terms are effective on the date 
you first submitted a contribution to us, even if your submission took place 
before the date you sign these terms."

regarding your statement 2)
"This includes, at our option, the right to sublicense these same rights to 
third parties through multiple levels of sublicensees or other licensing 
arrangements;"
and 
"you agree that each of us can do all things in relation to your contribution 
as if each of us were the sole owners, and if one of us makes a
derivative work of your contribution, the one who makes the derivative work (or 
has it made) will be the sole owner of that derivative
work;"

regarding your statement 3)

Your hint to the paragraph of the german Urheberrecht:
"perpetual, irrevocable, non-exclusive, worldwide, no-charge, royalty-free, 
unrestricted license to exercise all rights under those copyrights."

>From my point of view, the SCA is a agreement in the sense of §32, thus the 
>rule of "appropriate compensation" doesn't apply. Additionally the reader 
>could assert, that §32 section 3 allows to right of use  free of charge 

You could assert, that the SCA states "Any contribution we make available under 
any license will also be made available under a suitable FSF (Free Software 
Foundation) or OSI (Open Source Initiative) approved license". In my opinion 
complies to this due to the fact that the source you've contributed is CDDL 
licensed and in the open.
  
However ... as i said before ... i'm not a lawyer ...

Regards
 Jörg

Am 01.10.2010 um 15:17 schrieb Joerg Schilling:

> Joerg Moellenkamp <m...@joerg.moellenkamp.org> wrote:
> 
>> Do you remember the SCA you had to sign before contribution?
> 
> You are also incorrectly informed.
> 
> 1)    I contributed code _before_ signing the SCA
> 
> 2)    The SCA pertmits Sun only to publish code under OSS licenses.
> 
> 3)    The German Urheberrecht is very specific in this case:
> 
>       If you like to be able to publish code under a non-OSS license,
>       you need to pay a fair compensation.
> 
>       http://www.gesetze-im-internet.de/urhg/__32.html
> 
> 
> Jörg
> 
> -- 
> EMail:jo...@schily.isdn.cs.tu-berlin.de (home) Jörg Schilling D-13353 Berlin
>       j...@cs.tu-berlin.de                (uni)  
>       joerg.schill...@fokus.fraunhofer.de (work) Blog: 
> http://schily.blogspot.com/
> URL:  http://cdrecord.berlios.de/private/ ftp://ftp.berlios.de/pub/schily
> _______________________________________________
> opensolaris-discuss mailing list
> opensolaris-discuss@opensolaris.org
> 

_______________________________________________
opensolaris-discuss mailing list
opensolaris-discuss@opensolaris.org

Reply via email to