On Sun, 03 Oct 2010 15:11:46 +0200, Joerg Schilling
<joerg.schill...@fokus.fraunhofer.de> wrote:
"Frank Batschulat" <frank.batschu...@oracle.com> wrote:
>> SCA and CDDL doe not matter in that case.
>
> The CDDL matters in this case as Sun did not pay for the work.....
I guess that is something you have to sort out with a lawyer
to get your problems if there are any with that contract sorted.
The German Urheberrecht is very obvious in this case, you cannot get any
rights
on other peoples work unless this is OSS or there is a fair compensation.
> Sun did not own the code and for this reason, Oracle doesn't own it
> either.
I just checked every file in HSFS, none has a conflicting/extended
copyright.
Such a note is not important in Germany.
fact is that was contract work done by you on behalf of Sun.
in that case neither the CDDL nor a SCA apply. You pretty
much acted as a Sun employee here.
The fact is that Sun or Orcale cannot own anything they did not pay for,
see above. Before, this was covered by the OSS exception in the German
Urheberrecht, but this changes at the moment when Oracle publishes the
software under non-OSS constraints.
Joerg, you are the only person who knows the details of that contract
and whatever went wrong with its settlements. given this case was in 2006,
almost 4 years ago I'd expect you have a lawyer sorting that all out.
I do not know who did or did not pay whom, thats details of the contract
you know and you should have been following up with a lawyer.
this whole thing is off topic wrt. to SCA and CDDL, its even off topic
for this alias as its a discussion you and your lawyer should have
with who ever was the other part(s) of the contract.
I'd seriously doubt that because of problems with your contract
fulfillment
you can arbitrarily turn those contributions into OSOL based SCA/CDDL
contributions.
---
frankB
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