Re: [OpenIndiana-discuss] Solaris 11 source code leaked?

2011-12-27 Thread Daniel Kho
Yes, just take a look at the legal suit against Google. It all started from
the open-source Android project. And if you're talking about ROI, and this
involves Google, there's all reasons for Oracle to go for it.
So, I'd imagine another Google (or some monster company with deep pockets)
using OpenIndiana/Illumos in future, and there you go... another setback
for open source.

This could very well be the scenario. A company as renowned as Apple might
someday replace their operating system with Illumos, you never know.

As mentioned before, best to put this matter to rest permanently.

On Wed, Dec 28, 2011 at 12:21 AM, Gregory Youngblood
wrote:

>
> On Dec 27, 2011, at 5:15 AM, Apostolos Syropoulos wrote:
>
> >>
> >> Best course of action is to ignore it, don't look at it, and especially
> >> don't download it.
> >>
> >
> > What kind of hysteria is this I have no idea! Even if you look at the
> > code and use it, how can one prove that you have actually stolen code?
>
> It comes from years of watching various patterns of behavior of several
> companies, Oracle included,  in the tech sector and both related and
> unrelated lawsuits play out in the US legal system. I'm in the US and view
> things through that perspective.
>
> The bottom line is that anyone can bring suit against anyone for just
> about anything, and in civil matters especially, unlike criminal, it's not
> presumed innocent until proven guilty. As a result, right or wrong,
> sometimes the innocent party is left with the sometimes much more difficult
> task of proving they didn't do something. Plus, these types of legal
> matters can be long and drawn out and extremely expensive - look how long
> Caldera/SCO has been able to drag out the Linux related lawsuits. That's
> time and money few open source projects have or can remotely afford to lose.
>
> > There are many cases where people working independently have found the
> > same solutions to identical problems!
>
> Yes, that's true, but that's not really the point. The point is just the
> whiff of someone using that code to copy functionality into another project
> could be enough to start a legal chain of events that effectively dooms or
> severely cripples that project.
>
> Until officially acknowledged that it's a legitimate release, the safest
> and most prudent course of action is to steer well clear of that code drop.
> Do I like it? No. But from a risk to benefit relationship, the risk is just
> too great for the potential benefit, and so it's best to err on the side of
> caution.
>
> > Not to mention that this code
> > does not contain anything that can be classified as innovation!
>
> I'm sure Oracle would beg to differ. Let's not give them reason to make
> that difference of opinion a legal argument.
>
> Greg
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>
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Re: [OpenIndiana-discuss] Solaris 11 source code leaked?

2011-12-27 Thread Gregory Youngblood

On Dec 27, 2011, at 5:15 AM, Apostolos Syropoulos wrote:

>> 
>> Best course of action is to ignore it, don't look at it, and especially 
>> don't download it.
>> 
> 
> What kind of hysteria is this I have no idea! Even if you look at the
> code and use it, how can one prove that you have actually stolen code?

It comes from years of watching various patterns of behavior of several 
companies, Oracle included,  in the tech sector and both related and unrelated 
lawsuits play out in the US legal system. I'm in the US and view things through 
that perspective.

The bottom line is that anyone can bring suit against anyone for just about 
anything, and in civil matters especially, unlike criminal, it's not presumed 
innocent until proven guilty. As a result, right or wrong, sometimes the 
innocent party is left with the sometimes much more difficult task of proving 
they didn't do something. Plus, these types of legal matters can be long and 
drawn out and extremely expensive - look how long Caldera/SCO has been able to 
drag out the Linux related lawsuits. That's time and money few open source 
projects have or can remotely afford to lose. 

> There are many cases where people working independently have found the
> same solutions to identical problems!

Yes, that's true, but that's not really the point. The point is just the whiff 
of someone using that code to copy functionality into another project could be 
enough to start a legal chain of events that effectively dooms or severely 
cripples that project.

Until officially acknowledged that it's a legitimate release, the safest and 
most prudent course of action is to steer well clear of that code drop. Do I 
like it? No. But from a risk to benefit relationship, the risk is just too 
great for the potential benefit, and so it's best to err on the side of 
caution. 

> Not to mention that this code 
> does not contain anything that can be classified as innovation! 

I'm sure Oracle would beg to differ. Let's not give them reason to make that 
difference of opinion a legal argument.

Greg
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Re: [OpenIndiana-discuss] Solaris 11 source code leaked?

2011-12-27 Thread Alan Coopersmith

On 12/26/11 14:15, Gabriel de la Cruz wrote:

(Many people took contact with
them, they know that the code is out, but they are not acting against it).


Do not make the same mistake as the Ars headline and confuse not talking to
you about it as not caring about it or not doing anything about it.  Oracle
does many many things you will never hear about.

--
-Alan Coopersmith-alan.coopersm...@oracle.com
 Oracle Solaris Platform Engineering: X Window System


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Re: [OpenIndiana-discuss] Solaris 11 source code leaked?

2011-12-27 Thread Alan Coopersmith

On 12/26/11 08:21, Nikola M wrote:

I know there must be reluctance of accepting that Solaris11 released
code is truly under CDDL (for parts that are) .
But under what license could it be, since Solaris11 is derived code from
CDDL-licensed Opensolaris?


Under the new license Oracle chose to release it under, as allowed by either
owning the copyrights or having signed agreements with the other copyright
owners.   Nothing in the CDDL says that anyone who chooses to release code
under the CDDL is promising to release all future versions of the code under
the CDDL as well - Sun always talked about having a closed, commercial release
of Solaris 11 some day alongside OpenSolaris.

--
-Alan Coopersmith-alan.coopersm...@oracle.com
 Oracle Solaris Platform Engineering: X Window System


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Re: [OpenIndiana-discuss] Solaris 11 source code leaked?

2011-12-27 Thread Michael Kerpan
Frankly, I don't see why anybody would even be tempted to look at the
new code. Most of the people who actually worked on the features that
made Solaris unique have moved to companies within the OI/Illumos
ecosystem. Various reports by news sites seem to indicate that there's
not much exciting in the leaked code anyway.

Mike

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Re: [OpenIndiana-discuss] Solaris 11 source code leaked?

2011-12-27 Thread Nikola M.
On 12/27/11 01:44 PM, Gary Driggs wrote:
> Any more than they already are? Budget conscious orgs already have
> many free alternatives so that argument falls flat. Even Oracle offers
> Linux with their x86 server sales. If they're trying /that/ hard to
> push Solaris 11, why sell Oracle Linux at all? Would suing a couple of
> fledgling open source projects really send droves of new Solaris 11
> licensees to Oracle?
Whiskey tango foxtrot indeed.
I also think that this matter is too blown out of proportions.

One thing is sure by now, that community does not believe Oracle.
Kind of trust that is needed to be established toward Oracle, that would
help Oracle being more prosperous and respected is made with Positive
announcements and actions.

Solaris11 code is there, so people can not say anymore for S11 it is
closed source.
And wither it is CDDL or not, will be proven in time.
Oracle might never address this with announcement. It will be good for
them if they do, but they just might not.

That leaves us with the S11 code that is visible.
So Oracle can pull from Illumos code they might like to import in
Solaris11 (their code is released)
and Illumos will not import any code from Solaris11 unless Oracle gives
positive announcement.

That is fine with me, and now let's go back to improving Openindiana and
Illumos.

Just one thing I think is wrong with idea of ignoring Oracle S11 code is
not to even look at it.
I think  - if it is there, Look at it if you want it to see it as a
blueprint for compatibility implementation.

Those who develop, contribute and share their ideas and findings have
ability to give service and products to other people and get payed for it.
Who is developing - wins.
So lets, use Illumos and Openindiana, report bugs, advocate, talk about
things we would like to have, develop , learn and use it to make
services that might help us all living and steering our lives and
companies in software that is better for ourselves.


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Re: [OpenIndiana-discuss] Solaris 11 source code leaked?

2011-12-27 Thread Gary Driggs
On Dec 27, 2011, at 4:08 AM, Dmitry Kozhinov wrote:

> If Oracle would succeed in shutting down OpenSolaris-derived projects (other 
> than Sol11), people may start buying Sol11. Here's ROI.

Any more than they already are? Budget conscious orgs already have
many free alternatives so that argument falls flat. Even Oracle offers
Linux with their x86 server sales. If they're trying /that/ hard to
push Solaris 11, why sell Oracle Linux at all? Would suing a couple of
fledgling open source projects really send droves of new Solaris 11
licensees to Oracle?

Why do people have this impression that corporations are staffed at
all levels by mustache twisting villains? Have you met your local
Oracle reps recently? How about your local Microsoft reps? Cisco? IBM?
Intel? Ask them about their kids, their next vacation, and their
current plans for world domination? Seriously, whiskey tango foxtrot?

-Gary

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Re: [OpenIndiana-discuss] Solaris 11 source code leaked?

2011-12-27 Thread Apostolos Syropoulos
> 
> Best course of action is to ignore it, don't look at it, and especially 
> don't download it.
> 

What kind of hysteria is this I have no idea! Even if you look at the
code and use it, how can one prove that you have actually stolen code?
There are many cases where people working independently have found the
same solutions to identical problems! Not to mention that this code 
does not contain anything that can be classified as innovation! 

A.S.
 
PS Some years ago, I legally got a copy of the source code of Solaris 8.
It was almost impossible to use it! So I guess the same applies to this
archive.



--
Apostolos Syropoulos
Xanthi, Greece


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Re: [OpenIndiana-discuss] Solaris 11 source code leaked?

2011-12-27 Thread Dmitry Kozhinov
If Oracle would succeed in shutting down OpenSolaris-derived projects 
(other than Sol11), people may start buying Sol11. Here's ROI.


> But launching a legal attack against individuals or projects that have
> little to no money to hire legal counsel is not a sound business
> practice. What's the ROI for them & their stock holders?

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Re: [OpenIndiana-discuss] Solaris 11 source code leaked?

2011-12-27 Thread Gary Driggs
On Dec 27, 2011, at 2:19 AM, "Joshua M. Clulow" wrote:

> You can pretty much guarantee that the only time this will ever be publicly 
> addressed, if indeed it ever is at all, will be in the form of legal 
> proceedings.

Against who/m? Torrent users/sites? Mailing lists? Open source
projects? There's certainly a lot of panic about this that I don't
feel is founded in rational thinking. In fact, it sounds a lot like
FUD. Perhaps anyone that gives a damn at Oracle knows that once
released, code can't be unreleased. Cisco realized that when their PIX
firewall source was stolen and released in the wild. They just routed
around it by rewriting their next release from scratch & enhanced
their security procedures. Perhaps Oracle will do the same. But
launching a legal attack against individuals or projects that have
little to no money to hire legal counsel is not a sound business
practice. What's the ROI for them & their stock holders?

Very little unless they find significant evidence of their
intellectual property being used for profit by some entity with enough
cash worth going after. So please calm down, people. Also, if you're a
contributing developer, please steer away from the source released
since there may be IP in there that's patented or protected by
copyright. In other words, don't be stupid & don't panic.

-Gary

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Re: [OpenIndiana-discuss] Solaris 11 source code leaked?

2011-12-27 Thread Joshua M. Clulow
On 27 December 2011 21:11, Daniel Kho  wrote:
> Well, I'm pretty sure Oracle knows this by now. If they don't issue a press
> release (or an order, etc.) on this anytime soon, then I smell fish. It
> could very well be that it is part of Oracle's official strategy to trap
> open-source projects like Illumos/OI.

I am entirely certain that a statistically significant number of
people within Oracle are aware of the leak.  It's been in the press,
for goodness sake.  Unlike Soylent Green, however, Oracle is not
people.  It's a corporation; one with a firmly established behaviour
pattern, if not iron-clad policy, of clandestine dealings and abject
silence.  You can pretty much guarantee that the only time this will
ever be publicly addressed, if indeed it ever is at all, will be in
the form of legal proceedings.

> Let's wait and see if Orcl says anything within this week. Silence on their
> part could very well mean it's a trap.
> Anyhow, it's best to stay away from that code. It's biohazard as Robin
> said, until proven otherwise.

It's not only best, it is (as has been stated emphatically already)
absolutely vital to steer clear if you wish to contribute to illumos
(or OpenIndiana) in the future.

I think we've covered this in just about every possible phrasing by
now, and it would be best to lay it to rest permanently.  No good can
come from the leak itself, or from talking about it any more.


Cheers.

-- 
Joshua M. Clulow
UNIX Admin/Developer
http://blog.sysmgr.org

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Re: [OpenIndiana-discuss] Solaris 11 source code leaked?

2011-12-27 Thread Daniel Kho
Well, I'm pretty sure Oracle knows this by now. If they don't issue a press
release (or an order, etc.) on this anytime soon, then I smell fish. It
could very well be that it is part of Oracle's official strategy to trap
open-source projects like Illumos/OI.

Let's wait and see if Orcl says anything within this week. Silence on their
part could very well mean it's a trap.
Anyhow, it's best to stay away from that code. It's biohazard as Robin
said, until proven otherwise.

On Tue, Dec 27, 2011 at 7:37 AM, Gregory Youngblood
wrote:

> I seriously doubt this was a deliberate trojan horse release from Oracle.
> For one if that were ever proven it could be a game changer in court wrt
> trade secrets etc.
>
> More likely this was released by someone who did not have authority to
> release it.
>
> That still doesn't eliminate the risk to oi/illumos if someone knowingly
> puts code from that solaris 11 code, even flagged as cddl, in to illumos.
> All it takes is for Oracle to start taking action against usage from that
> drop and by then the code tree and those working with it are tainted. Once
> tainted it is very hard to clean it up again.
>
> Sent from my Verizon Wireless 4G LTE Smartphone
>
> ----- Reply message -----
> From: "Robin Axelsson" 
> To: 
> Subject: [OpenIndiana-discuss] Solaris 11 source code leaked?
> Date: Mon, Dec 26, 2011 3:50 pm
>
>
> I think fears that this might be a ruse on Oracle's side to put
> OI/Illumos in trouble are probably healthy to have. Probably the best
> course of action is to treat the source as a piece of biohazard while
> doing absolutely nothing until we see an official reaction from Oracle.
> All I was trying to say on this thread was at least pretend to give them
> the benefit of the doubt and put a cheesy smile on the face.
>
> After all it is difficult for anyone who is framed as evil or a criminal
> to do good or redeem oneself. Maybe Oracle will decide to cooperate with
> the OI/Illumos folks some day in the future. So it would be a shame if
> too much of badmouthing, calumny and slander would put a slight pall on
> such a cooperation in the future.
>
> On 2011-12-26 23:15, Gabriel de la Cruz wrote:
> > Oracle has rights over their code and trademarks, but as well
> > responsibilities.
> >
> > The code could only be distributed by someone who was granted clearance
> to
> > the code (someone with a contractual relationship with Oracle).
> >
> > Oracle is allowing the continuation of the circumstances that are
> > distributing the code across the Internet (Many people took contact with
> > them, they know that the code is out, but they are not acting against
> it).
> > If this would be the breach of a trade secret they would have the power
> and
> > duty to prevent it from spreading in the net.
> >
> > Code marked with Oracle's trademarks went in the public domain with CDDL
> > headers.  If the CDDL headers were misused, they should correct them, or
> > remove the files from the public domain. No one but Oracle has the duty
> to
> > protect the right use of the code released under their trademarks.
> >
> > In my modest opinion Oracle is liable itself for the distribution of the
> > code under CDDL headers, no matter what is the protocol usually followed
> in
> > official releases. The code is in the public domain, uses their
> trademarks,
> > and contains legal guidelines how to use it. Oracle has responsabilities
> > over the 3 facts.
> >
> > My personal guess would be to put in contrast (file by file) the former
> > Opensolaris code with the data that was released. If the code is marked
> as
> > CDDL in both, and the data has sufficient similarities, I would simply
> use
> > it following the CDDL norms.
> >
> > Maybe it could be a good idea to ask Oracle to say if they have something
> > against it. I would just formulate the question so they have to respond,
> > and send it to sufficient addressees.
> >
> > I am not an OI developer, neither a layer, I am just dropping ideas as
> > others do...
> >
> > Please correct me if I am wrong...
> >
> >
> >
> > On Mon, Dec 26, 2011 at 10:02 PM, Gregory Youngblood
> > wrote:
> >
> >> Oracle owns copyright they don't have to follow cddl if they choose not
> to.
> >>
> >> Irrelevant if these files have cddl license stamped on them. Could have
> >> been done by anyone. Until or if this is officially recognized by
> Oracle as
> >> an official release it is poison fruit. Anything or one that looks at
> this
> >> and incorporates

Re: [OpenIndiana-discuss] Solaris 11 source code leaked?

2011-12-26 Thread Gregory Youngblood
I seriously doubt this was a deliberate trojan horse release from Oracle. For 
one if that were ever proven it could be a game changer in court wrt trade 
secrets etc. 

More likely this was released by someone who did not have authority to release 
it.

That still doesn't eliminate the risk to oi/illumos if someone knowingly puts 
code from that solaris 11 code, even flagged as cddl, in to illumos. All it 
takes is for Oracle to start taking action against usage from that drop and by 
then the code tree and those working with it are tainted. Once tainted it is 
very hard to clean it up again.

Sent from my Verizon Wireless 4G LTE Smartphone

- Reply message -
From: "Robin Axelsson" 
To: 
Subject: [OpenIndiana-discuss] Solaris 11 source code leaked?
Date: Mon, Dec 26, 2011 3:50 pm


I think fears that this might be a ruse on Oracle's side to put 
OI/Illumos in trouble are probably healthy to have. Probably the best 
course of action is to treat the source as a piece of biohazard while 
doing absolutely nothing until we see an official reaction from Oracle. 
All I was trying to say on this thread was at least pretend to give them 
the benefit of the doubt and put a cheesy smile on the face.

After all it is difficult for anyone who is framed as evil or a criminal 
to do good or redeem oneself. Maybe Oracle will decide to cooperate with 
the OI/Illumos folks some day in the future. So it would be a shame if 
too much of badmouthing, calumny and slander would put a slight pall on 
such a cooperation in the future.

On 2011-12-26 23:15, Gabriel de la Cruz wrote:
> Oracle has rights over their code and trademarks, but as well
> responsibilities.
>
> The code could only be distributed by someone who was granted clearance to
> the code (someone with a contractual relationship with Oracle).
>
> Oracle is allowing the continuation of the circumstances that are
> distributing the code across the Internet (Many people took contact with
> them, they know that the code is out, but they are not acting against it).
> If this would be the breach of a trade secret they would have the power and
> duty to prevent it from spreading in the net.
>
> Code marked with Oracle's trademarks went in the public domain with CDDL
> headers.  If the CDDL headers were misused, they should correct them, or
> remove the files from the public domain. No one but Oracle has the duty to
> protect the right use of the code released under their trademarks.
>
> In my modest opinion Oracle is liable itself for the distribution of the
> code under CDDL headers, no matter what is the protocol usually followed in
> official releases. The code is in the public domain, uses their trademarks,
> and contains legal guidelines how to use it. Oracle has responsabilities
> over the 3 facts.
>
> My personal guess would be to put in contrast (file by file) the former
> Opensolaris code with the data that was released. If the code is marked as
> CDDL in both, and the data has sufficient similarities, I would simply use
> it following the CDDL norms.
>
> Maybe it could be a good idea to ask Oracle to say if they have something
> against it. I would just formulate the question so they have to respond,
> and send it to sufficient addressees.
>
> I am not an OI developer, neither a layer, I am just dropping ideas as
> others do...
>
> Please correct me if I am wrong...
>
>
>
> On Mon, Dec 26, 2011 at 10:02 PM, Gregory Youngblood
> wrote:
>
>> Oracle owns copyright they don't have to follow cddl if they choose not to.
>>
>> Irrelevant if these files have cddl license stamped on them. Could have
>> been done by anyone. Until or if this is officially recognized by Oracle as
>> an official release it is poison fruit. Anything or one that looks at this
>> and incorporates it into any projects risks the destruction of that
>> project. Something I am sure Oracle wouldn't mind happening to illumos or
>> openindiana.
>>
>> This is no different than someone stealing Windows code, slapping gpl
>> licenses on the code and releasing it. They were not legally authorized to
>> put that license on that code and release it so it does not count and in
>> court it would not be recognized.  Same as a locksmith making an extra copy
>> of your housekey and giving it to someone saying tale anything you want.
>>
>> Best course of action is to ignore it, don't look at it, and especially
>> don't download it.
>>
>> Greg
>>
>> Sent from my Verizon Wireless 4G LTE Smartphone
>>
>> - Reply message -
>> From: "Nikola M"
>> To: "Discussion list for OpenIndiana"> Subject: [OpenIndiana-discuss] Solaris 11 source code leaked?
>> Date: 

Re: [OpenIndiana-discuss] Solaris 11 source code leaked?

2011-12-26 Thread Robin Axelsson
I think fears that this might be a ruse on Oracle's side to put 
OI/Illumos in trouble are probably healthy to have. Probably the best 
course of action is to treat the source as a piece of biohazard while 
doing absolutely nothing until we see an official reaction from Oracle. 
All I was trying to say on this thread was at least pretend to give them 
the benefit of the doubt and put a cheesy smile on the face.


After all it is difficult for anyone who is framed as evil or a criminal 
to do good or redeem oneself. Maybe Oracle will decide to cooperate with 
the OI/Illumos folks some day in the future. So it would be a shame if 
too much of badmouthing, calumny and slander would put a slight pall on 
such a cooperation in the future.


On 2011-12-26 23:15, Gabriel de la Cruz wrote:

Oracle has rights over their code and trademarks, but as well
responsibilities.

The code could only be distributed by someone who was granted clearance to
the code (someone with a contractual relationship with Oracle).

Oracle is allowing the continuation of the circumstances that are
distributing the code across the Internet (Many people took contact with
them, they know that the code is out, but they are not acting against it).
If this would be the breach of a trade secret they would have the power and
duty to prevent it from spreading in the net.

Code marked with Oracle's trademarks went in the public domain with CDDL
headers.  If the CDDL headers were misused, they should correct them, or
remove the files from the public domain. No one but Oracle has the duty to
protect the right use of the code released under their trademarks.

In my modest opinion Oracle is liable itself for the distribution of the
code under CDDL headers, no matter what is the protocol usually followed in
official releases. The code is in the public domain, uses their trademarks,
and contains legal guidelines how to use it. Oracle has responsabilities
over the 3 facts.

My personal guess would be to put in contrast (file by file) the former
Opensolaris code with the data that was released. If the code is marked as
CDDL in both, and the data has sufficient similarities, I would simply use
it following the CDDL norms.

Maybe it could be a good idea to ask Oracle to say if they have something
against it. I would just formulate the question so they have to respond,
and send it to sufficient addressees.

I am not an OI developer, neither a layer, I am just dropping ideas as
others do...

Please correct me if I am wrong...



On Mon, Dec 26, 2011 at 10:02 PM, Gregory Youngblood
wrote:


Oracle owns copyright they don't have to follow cddl if they choose not to.

Irrelevant if these files have cddl license stamped on them. Could have
been done by anyone. Until or if this is officially recognized by Oracle as
an official release it is poison fruit. Anything or one that looks at this
and incorporates it into any projects risks the destruction of that
project. Something I am sure Oracle wouldn't mind happening to illumos or
openindiana.

This is no different than someone stealing Windows code, slapping gpl
licenses on the code and releasing it. They were not legally authorized to
put that license on that code and release it so it does not count and in
court it would not be recognized.  Same as a locksmith making an extra copy
of your housekey and giving it to someone saying tale anything you want.

Best course of action is to ignore it, don't look at it, and especially
don't download it.

Greg

Sent from my Verizon Wireless 4G LTE Smartphone

- Reply message -
From: "Nikola M"
To: "Discussion list for OpenIndiana"
On 12/26/2011 07:31 AM, Nikola M wrote:

Maybe it is truly CDDL for the parts marked like that,
besides, why would Oracle keep CDDL headers if it is not CDDL anymore?


It's a trap that smells much worse than SCO's attempt to kill Linux via
lawsuit.  Stay away from it.  You wouldn't want OpenIndiana or illumos
to be tainted by it - if they are, they'll be sued into oblivion, and
they will cease to exist.

If Oracle releases the source to Solaris 11 through normal channels,
then, by all means, have at it.  But this isn't it.

Well, surely Illumos will not use that code directly at first as you said.
Until there are concerns such as you said.

But nature of CDDL is that it provides protection for lawsuits aether
for source that in under CDDL or for so called "patents" and it extends
to derived work. If someone want its patents or exclusive rights it
should not derive its OS (Solaris11) from code under Free software
license that provides "open forever" clause.

Point is, (and someone also said it) that only way Oracle can stop
others for using CDDL-ed work and Oracle's derived work from Opensolaris
is not to release it for some time.
And that is exactly what Oracle did. It did not released updates on code
for some time and once code is out
it does not matter who made it available.
Maybe Oracle would have legal trouble from someone if code is NOT
p

Re: [OpenIndiana-discuss] Solaris 11 source code leaked?

2011-12-26 Thread Gabriel de la Cruz
Oracle has rights over their code and trademarks, but as well
responsibilities.

The code could only be distributed by someone who was granted clearance to
the code (someone with a contractual relationship with Oracle).

Oracle is allowing the continuation of the circumstances that are
distributing the code across the Internet (Many people took contact with
them, they know that the code is out, but they are not acting against it).
If this would be the breach of a trade secret they would have the power and
duty to prevent it from spreading in the net.

Code marked with Oracle's trademarks went in the public domain with CDDL
headers.  If the CDDL headers were misused, they should correct them, or
remove the files from the public domain. No one but Oracle has the duty to
protect the right use of the code released under their trademarks.

In my modest opinion Oracle is liable itself for the distribution of the
code under CDDL headers, no matter what is the protocol usually followed in
official releases. The code is in the public domain, uses their trademarks,
and contains legal guidelines how to use it. Oracle has responsabilities
over the 3 facts.

My personal guess would be to put in contrast (file by file) the former
Opensolaris code with the data that was released. If the code is marked as
CDDL in both, and the data has sufficient similarities, I would simply use
it following the CDDL norms.

Maybe it could be a good idea to ask Oracle to say if they have something
against it. I would just formulate the question so they have to respond,
and send it to sufficient addressees.

I am not an OI developer, neither a layer, I am just dropping ideas as
others do...

Please correct me if I am wrong...



On Mon, Dec 26, 2011 at 10:02 PM, Gregory Youngblood
wrote:

> Oracle owns copyright they don't have to follow cddl if they choose not to.
>
> Irrelevant if these files have cddl license stamped on them. Could have
> been done by anyone. Until or if this is officially recognized by Oracle as
> an official release it is poison fruit. Anything or one that looks at this
> and incorporates it into any projects risks the destruction of that
> project. Something I am sure Oracle wouldn't mind happening to illumos or
> openindiana.
>
> This is no different than someone stealing Windows code, slapping gpl
> licenses on the code and releasing it. They were not legally authorized to
> put that license on that code and release it so it does not count and in
> court it would not be recognized.  Same as a locksmith making an extra copy
> of your housekey and giving it to someone saying tale anything you want.
>
> Best course of action is to ignore it, don't look at it, and especially
> don't download it.
>
> Greg
>
> Sent from my Verizon Wireless 4G LTE Smartphone
>
> - Reply message -
> From: "Nikola M" 
> To: "Discussion list for OpenIndiana"  >
> Subject: [OpenIndiana-discuss] Solaris 11 source code leaked?
> Date: Mon, Dec 26, 2011 12:28 pm
>
>
> Ray Arachelian wrote:
> > On 12/26/2011 07:31 AM, Nikola M wrote:
> >> Maybe it is truly CDDL for the parts marked like that,
> >> besides, why would Oracle keep CDDL headers if it is not CDDL anymore?
> >>
> > It's a trap that smells much worse than SCO's attempt to kill Linux via
> > lawsuit.  Stay away from it.  You wouldn't want OpenIndiana or illumos
> > to be tainted by it - if they are, they'll be sued into oblivion, and
> > they will cease to exist.
> >
> > If Oracle releases the source to Solaris 11 through normal channels,
> > then, by all means, have at it.  But this isn't it.
>
> Well, surely Illumos will not use that code directly at first as you said.
> Until there are concerns such as you said.
>
> But nature of CDDL is that it provides protection for lawsuits aether
> for source that in under CDDL or for so called "patents" and it extends
> to derived work. If someone want its patents or exclusive rights it
> should not derive its OS (Solaris11) from code under Free software
> license that provides "open forever" clause.
>
> Point is, (and someone also said it) that only way Oracle can stop
> others for using CDDL-ed work and Oracle's derived work from Opensolaris
> is not to release it for some time.
> And that is exactly what Oracle did. It did not released updates on code
> for some time and once code is out
> it does not matter who made it available.
> Maybe Oracle would have legal trouble from someone if code is NOT
> published by any mean. In this way Oracle is protected.
>
> Code is available, it is there, it is under CDDL because it is
> opensolaris derived work and one can use it as every derived code that
> came out from 

Re: [OpenIndiana-discuss] Solaris 11 source code leaked?

2011-12-26 Thread Gregory Youngblood
Oracle owns copyright they don't have to follow cddl if they choose not to.

Irrelevant if these files have cddl license stamped on them. Could have been 
done by anyone. Until or if this is officially recognized by Oracle as an 
official release it is poison fruit. Anything or one that looks at this and 
incorporates it into any projects risks the destruction of that project. 
Something I am sure Oracle wouldn't mind happening to illumos or openindiana. 

This is no different than someone stealing Windows code, slapping gpl licenses 
on the code and releasing it. They were not legally authorized to put that 
license on that code and release it so it does not count and in court it would 
not be recognized.  Same as a locksmith making an extra copy of your housekey 
and giving it to someone saying tale anything you want. 

Best course of action is to ignore it, don't look at it, and especially don't 
download it.

Greg

Sent from my Verizon Wireless 4G LTE Smartphone

- Reply message -
From: "Nikola M" 
To: "Discussion list for OpenIndiana" 
Subject: [OpenIndiana-discuss] Solaris 11 source code leaked?
Date: Mon, Dec 26, 2011 12:28 pm


Ray Arachelian wrote:
> On 12/26/2011 07:31 AM, Nikola M wrote:
>> Maybe it is truly CDDL for the parts marked like that,
>> besides, why would Oracle keep CDDL headers if it is not CDDL anymore?
>>
> It's a trap that smells much worse than SCO's attempt to kill Linux via
> lawsuit.  Stay away from it.  You wouldn't want OpenIndiana or illumos
> to be tainted by it - if they are, they'll be sued into oblivion, and
> they will cease to exist.
>
> If Oracle releases the source to Solaris 11 through normal channels,
> then, by all means, have at it.  But this isn't it.

Well, surely Illumos will not use that code directly at first as you said.
Until there are concerns such as you said.

But nature of CDDL is that it provides protection for lawsuits aether
for source that in under CDDL or for so called "patents" and it extends
to derived work. If someone want its patents or exclusive rights it
should not derive its OS (Solaris11) from code under Free software
license that provides "open forever" clause.

Point is, (and someone also said it) that only way Oracle can stop
others for using CDDL-ed work and Oracle's derived work from Opensolaris
is not to release it for some time.
And that is exactly what Oracle did. It did not released updates on code
for some time and once code is out
it does not matter who made it available.
Maybe Oracle would have legal trouble from someone if code is NOT
published by any mean. In this way Oracle is protected.

Code is available, it is there, it is under CDDL because it is
opensolaris derived work and one can use it as every derived code that
came out from any such free software / open source license that has
requirement of publishing source code for derived work.

Thing is, if it is not good thing for Illumos to use it, someone else
might use it freely and make something out of it.
Others concerned and frightened (majority I suppose) might not touch it
as a precaution but to see is as a blueprint for constructing something
compatible maybe, if compatibility with Oracle Solaris is needed in the
future.


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Re: [OpenIndiana-discuss] Solaris 11 source code leaked?

2011-12-26 Thread Nikola M
Ray Arachelian wrote:
> On 12/26/2011 07:31 AM, Nikola M wrote:
>> Maybe it is truly CDDL for the parts marked like that,
>> besides, why would Oracle keep CDDL headers if it is not CDDL anymore?
>>
> It's a trap that smells much worse than SCO's attempt to kill Linux via
> lawsuit.  Stay away from it.  You wouldn't want OpenIndiana or illumos
> to be tainted by it - if they are, they'll be sued into oblivion, and
> they will cease to exist.
>
> If Oracle releases the source to Solaris 11 through normal channels,
> then, by all means, have at it.  But this isn't it.

Well, surely Illumos will not use that code directly at first as you said.
Until there are concerns such as you said.

But nature of CDDL is that it provides protection for lawsuits aether
for source that in under CDDL or for so called "patents" and it extends
to derived work. If someone want its patents or exclusive rights it
should not derive its OS (Solaris11) from code under Free software
license that provides "open forever" clause.

Point is, (and someone also said it) that only way Oracle can stop
others for using CDDL-ed work and Oracle's derived work from Opensolaris
is not to release it for some time.
And that is exactly what Oracle did. It did not released updates on code
for some time and once code is out
it does not matter who made it available.
Maybe Oracle would have legal trouble from someone if code is NOT
published by any mean. In this way Oracle is protected.

Code is available, it is there, it is under CDDL because it is
opensolaris derived work and one can use it as every derived code that
came out from any such free software / open source license that has
requirement of publishing source code for derived work.

Thing is, if it is not good thing for Illumos to use it, someone else
might use it freely and make something out of it.
Others concerned and frightened (majority I suppose) might not touch it
as a precaution but to see is as a blueprint for constructing something
compatible maybe, if compatibility with Oracle Solaris is needed in the
future.


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Re: [OpenIndiana-discuss] Solaris 11 source code leaked?

2011-12-26 Thread Ray Arachelian
On 12/26/2011 07:31 AM, Nikola M wrote:
>
> Maybe it is truly CDDL for the parts marked like that,
> besides, why would Oracle keep CDDL headers if it is not CDDL anymore?
>

It's a trap that smells much worse than SCO's attempt to kill Linux via
lawsuit.  Stay away from it.  You wouldn't want OpenIndiana or illumos
to be tainted by it - if they are, they'll be sued into oblivion, and
they will cease to exist.

If Oracle releases the source to Solaris 11 through normal channels,
then, by all means, have at it.  But this isn't it.


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Re: [OpenIndiana-discuss] Solaris 11 source code leaked?

2011-12-26 Thread Gabriel de la Cruz
Ummm, Larry has been watching epic movies again! It is a legal Trojan
horse!... how innovative!; they drop their own trade secrets marked as CDDL
and wait for the unaware computer enthusiast to use it and sue him badly!
He is truly worst than Gargamel...

Well the only option he had to prevent anyone using the work built on the
top of CDDL code was to keep it for himself... certainly sharing it in
bittorrent was not a good idea. Larry, no, no, no... that was a silly thing
to do.

Considering the possibilities I would say that someone within Oracle shared
the code, I don't see any reason why anyone would want to modify the code.
Those might be just newer versions of stuff released previously... maybe
someone should try to figure it out.

Such a pretty girl... but... I know nothing about her past... ummm should I
stay away from her?... well maybe not, maybe it is a better idea to meet
her a bit better.


On Mon, Dec 26, 2011 at 4:54 PM, Jamon Camisso  wrote:

> There is no way of knowing if the source has been altered or tampered with.
>
> Short of a cryptographically signed release or a statement from oracle,
> best and safest option is to ignore it and stay far far away from the code.
>
> Jamon
>
> Nikola M  wrote:
>
> >Open Indiana wrote:
> >> It's like sneezing in a dark-room, now Oracle can wait outside to see
> who
> >> all catched the flue.
> >>
> >> ;-)
> >Maybe it is truly CDDL for the parts marked like that,
> >besides, why would Oracle keep CDDL headers if it is not CDDL anymore?
> >
> >Also CDDL is saying derived work holds the same license as previous CDDL
> >work. That goes for Oracle Solaris 11.
> >
> >If Internally in Oracle, source is developed with CDDL headers and
> >developing on top of already open and existing CDDL licensed code, then
> >does it matter WHO released the code?
> >
> >Solaris11 It is derived work from Opensolaris, it is same-licensed, it
> >is CDDL.
> >And maybe Oracle just does not want to acknowledge publicly that Solaris
> >11 is open product, like it was Opensolaris.
> >Or it was planned at some later time to be publicized.
> >
> >*Best option is to develop Illumos separately but with S11 CDDL-ed code
> >released it leaves Oracle the ability to import Illumos changes they
> >like, because their S11 code is published.
> >
> >Anyway, one Oracle statement about S11 source that is marked with CDDL
> >and released, might prove beneficial to Oracle and anyone else.
> >Maybe Oracle did not want to make CDDL-derived work available, using its
> >power of owning rights to Opensolaris code itself,
> >but once CDDL-ed derived work is published, it stays as it is and it
> >seems to me there is no coming back for Oracle,
> >but to play with the crowd and acknowledge S11 is open source, under
> >CDDL and use it to boost Solaris11 support and hardware sales.
> >CDDL enforces its license on derived work on similar way Mozilla license
> >and GPL licenses do.
> >Maybe releasing the S11 code is best thing for Oracle, anyway.
> >
> >
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Re: [OpenIndiana-discuss] Solaris 11 source code leaked?

2011-12-26 Thread Nikola M
Jamon Camisso wrote:
> There is no way of knowing if the source has been altered or tampered with.
>
> Short of a cryptographically signed release or a statement from oracle, best 
> and safest option is to ignore it and stay far far away from the code.
>

There is of course huge amount of work needed if someone wants to audit
all code changes since Opensolaris to check does code include or not
something bad inside. And Oracle signing the code will be great I
suppose, because than source will be confirmed and will be known who to
blame if something nasty is in the code.

But Oracle knows that. They also know that there will be very few people
brave to take Solaris11 source and make new distribution with it. (There
already Illumos) And it will be hard from technological standpoint, for
a start.
And it is everything Oracle wants.  They can take CDDL-ed contributions
from Illumos and make reluctant all those wanting their enhancements
from the Solaris to get in some other product.
So to say in such a way, Solaris11 code release, no matter in what way
release is done with CDDL code, is in favor of Oracle.

Community already has Illumos and it is going it's way and Oracle lost
the lead in Opensolaris continuation in favor of Illumos
and Openindiana and other future distributions made on Illumos.
This seems to me like Oracle quiet coming back  - to the scene with new
technologies in Solaris11 Oracle introduced since Opensolaris through to
the Solaris11 release. 
Someone might think it could be harmful to Open source projects, but how
actually CDDL released opensolaris fork, that Solaris11 is - could be bad?

*Maybe it is great to be reluctant to introduce S11 code in illumos, but
why not take a look at it and try to be compatible?

More I think about it all, more I am thinking Oracle actually did what
he needed to do stay afloat before making Solaris11 release based on
Opensolaris code.
They closed development because most of development relevant to them was
coming from Oracle, anyway.
And they did not want the hassle of maintaining Opensolaris community
and be a center of outside development.
And they wanted to make money on Solaris11 release, of course, sell more
hardware and release the code only after Solaris 11 is out, to fulfill
CDDL license, but with no need to spend their resources outside company.

Oracle does not want to have anything with community of new users,
contributors and collaborators ,
they want communities of well-paying customers. And one-way
contributions in Solaris.

I know there must be reluctance of accepting that Solaris11 released
code is truly under CDDL (for parts that are) .
But under what license could it be, since Solaris11 is derived code from
CDDL-licensed Opensolaris?
(now it is in open)

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Re: [OpenIndiana-discuss] Solaris 11 source code leaked?

2011-12-26 Thread Jamon Camisso
There is no way of knowing if the source has been altered or tampered with.

Short of a cryptographically signed release or a statement from oracle, best 
and safest option is to ignore it and stay far far away from the code.

Jamon

Nikola M  wrote:

>Open Indiana wrote:
>> It's like sneezing in a dark-room, now Oracle can wait outside to see who
>> all catched the flue.
>>
>> ;-)
>Maybe it is truly CDDL for the parts marked like that,
>besides, why would Oracle keep CDDL headers if it is not CDDL anymore?
>
>Also CDDL is saying derived work holds the same license as previous CDDL
>work. That goes for Oracle Solaris 11.
>
>If Internally in Oracle, source is developed with CDDL headers and
>developing on top of already open and existing CDDL licensed code, then
>does it matter WHO released the code?
>
>Solaris11 It is derived work from Opensolaris, it is same-licensed, it
>is CDDL.
>And maybe Oracle just does not want to acknowledge publicly that Solaris
>11 is open product, like it was Opensolaris.
>Or it was planned at some later time to be publicized.
>
>*Best option is to develop Illumos separately but with S11 CDDL-ed code
>released it leaves Oracle the ability to import Illumos changes they
>like, because their S11 code is published.
>
>Anyway, one Oracle statement about S11 source that is marked with CDDL
>and released, might prove beneficial to Oracle and anyone else.
>Maybe Oracle did not want to make CDDL-derived work available, using its
>power of owning rights to Opensolaris code itself,
>but once CDDL-ed derived work is published, it stays as it is and it
>seems to me there is no coming back for Oracle,
>but to play with the crowd and acknowledge S11 is open source, under
>CDDL and use it to boost Solaris11 support and hardware sales.
>CDDL enforces its license on derived work on similar way Mozilla license
>and GPL licenses do.
>Maybe releasing the S11 code is best thing for Oracle, anyway.
>
>
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Re: [OpenIndiana-discuss] Solaris 11 source code leaked?

2011-12-26 Thread Nikola M
Open Indiana wrote:
> It's like sneezing in a dark-room, now Oracle can wait outside to see who
> all catched the flue.
>
> ;-)
Maybe it is truly CDDL for the parts marked like that,
besides, why would Oracle keep CDDL headers if it is not CDDL anymore?

Also CDDL is saying derived work holds the same license as previous CDDL
work. That goes for Oracle Solaris 11.

If Internally in Oracle, source is developed with CDDL headers and
developing on top of already open and existing CDDL licensed code, then
does it matter WHO released the code?

Solaris11 It is derived work from Opensolaris, it is same-licensed, it
is CDDL.
And maybe Oracle just does not want to acknowledge publicly that Solaris
11 is open product, like it was Opensolaris.
Or it was planned at some later time to be publicized.

*Best option is to develop Illumos separately but with S11 CDDL-ed code
released it leaves Oracle the ability to import Illumos changes they
like, because their S11 code is published.

Anyway, one Oracle statement about S11 source that is marked with CDDL
and released, might prove beneficial to Oracle and anyone else.
Maybe Oracle did not want to make CDDL-derived work available, using its
power of owning rights to Opensolaris code itself,
but once CDDL-ed derived work is published, it stays as it is and it
seems to me there is no coming back for Oracle,
but to play with the crowd and acknowledge S11 is open source, under
CDDL and use it to boost Solaris11 support and hardware sales.
CDDL enforces its license on derived work on similar way Mozilla license
and GPL licenses do.
Maybe releasing the S11 code is best thing for Oracle, anyway.


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Re: [OpenIndiana-discuss] Solaris 11 source code leaked?

2011-12-22 Thread Michael Kerpan
My personal theory is the whole matter is being kept as quiet as
possible by Oracle so that Larry can maintain the element of surprise
when he attack the leaker's home with his MiG.

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Re: [OpenIndiana-discuss] Solaris 11 source code leaked?

2011-12-22 Thread Gabriel de la Cruz
That was a good article, tnks!

I remember those estrange days when nothing was said about what happened to
Opensolaris, somehow the silence reminds me of WWII; It makes more
psychological damage to make someone disappear without telling a word, than
executing him in public. I wonder if this thing we found in the torrent are
the remains of it... maybe they are just teasing us.

:-P

History will tell.





On Thu, Dec 22, 2011 at 7:17 PM, Gary  wrote:

> On Wed, Dec 21, 2011, Roy Sigurd Karlsbakk wrote:
>
> > True, if anyone posts a single comment or thought about the code, all of
> Oracle will hunt down this list
> > and all its members! Even thinking about looking at that source code, is
> thought crime! Beware!
>
> That's either tongue in cheek or more than a bit alarmist. Either way,
> you don't have to open Pandora's torrent as someone else has already
> looked for you and come up with this brief, high-level assessment:
>
> "... the 108MB tarball appears to contain most or all of the source
> for the kernel of Solaris 11, based on our review of the code. While
> the majority of the code in the archive is marked with the licensing
> header for the Common Development and Distribution License, there is
> also a significant amount of code and makefiles covered by Oracle and
> other companies' copyrights that did not carry the CDDL, as well as
> older code bearing Sun Microsystem's copyright in a directory of the
> archive named 'closed.'
>
> That proprietary code includes the source for Solaris' kernel-level
> cryptographic framework daemon, logical link control driver, and code
> for mounting NFS filesystems. A significant portion of the code in
> 'closed,' however, also carried the CDDL header; it's not clear if
> Oracle intended to make this previously open code closed or not."
>
> q.v.
> http://arstechnica.com/business/news/2011/12/disgruntled-employee-oracle-doesnt-seem-to-care-about-solaris-11-code-leak.ars
>
> I'm sure Ars' lawyers are standing by -- or rather, hanging nearby in
> their hammocks, sipping their Mai Thais, and dreaming about fat sacks
> of cash from St. Nicholas.
>
> -Gary
>
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Re: [OpenIndiana-discuss] Solaris 11 source code leaked?

2011-12-22 Thread Gary
On Wed, Dec 21, 2011, Roy Sigurd Karlsbakk wrote:

> True, if anyone posts a single comment or thought about the code, all of 
> Oracle will hunt down this list
> and all its members! Even thinking about looking at that source code, is 
> thought crime! Beware!

That's either tongue in cheek or more than a bit alarmist. Either way,
you don't have to open Pandora's torrent as someone else has already
looked for you and come up with this brief, high-level assessment:

"... the 108MB tarball appears to contain most or all of the source
for the kernel of Solaris 11, based on our review of the code. While
the majority of the code in the archive is marked with the licensing
header for the Common Development and Distribution License, there is
also a significant amount of code and makefiles covered by Oracle and
other companies' copyrights that did not carry the CDDL, as well as
older code bearing Sun Microsystem's copyright in a directory of the
archive named 'closed.'

That proprietary code includes the source for Solaris' kernel-level
cryptographic framework daemon, logical link control driver, and code
for mounting NFS filesystems. A significant portion of the code in
'closed,' however, also carried the CDDL header; it's not clear if
Oracle intended to make this previously open code closed or not."

q.v. 
http://arstechnica.com/business/news/2011/12/disgruntled-employee-oracle-doesnt-seem-to-care-about-solaris-11-code-leak.ars

I'm sure Ars' lawyers are standing by -- or rather, hanging nearby in
their hammocks, sipping their Mai Thais, and dreaming about fat sacks
of cash from St. Nicholas.

-Gary

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Re: [OpenIndiana-discuss] Solaris 11 source code leaked?

2011-12-21 Thread Gabriel de la Cruz
Roy, I couldn't agree more...

You all deserve a penance:
Go back home and tell one hundred holy Larrys!


On Wed, Dec 21, 2011 at 9:39 PM, Roy Sigurd Karlsbakk  
wrote:
>> >> This seems potentially bad all the way around to me. Hopefully this
>> >> turns out to be a real, officially blessed release and not a leak.
>> >>
>> >
>> > It doesn't look to be official, since it does contain some closed
>> > source
>> > code but is mostly CDDL and even contains an OPENSOLARIS.LICENSE
>>
>> Sounds like you have looked at the code. If true, please do not post
>> anything about it here.
>
> True, if anyone posts a single comment or thought about the code, all of 
> Oracle will hunt down this list and all its members! Even thinking about 
> looking at that source code, is thought crime! Beware!
>
> Vennlige hilsener / Best regards
>
> roy
> --
> Roy Sigurd Karlsbakk
> (+47) 97542685
> r...@karlsbakk.net
> http://blogg.karlsbakk.net/
> --
> I all pedagogikk er det essensielt at pensum presenteres intelligibelt. Det 
> er et elementært imperativ for alle pedagoger å unngå eksessiv anvendelse av 
> idiomer med fremmed opprinnelse. I de fleste tilfeller eksisterer adekvate og 
> relevante synonymer på norsk.
>
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Re: [OpenIndiana-discuss] Solaris 11 source code leaked?

2011-12-21 Thread Roy Sigurd Karlsbakk
> >> This seems potentially bad all the way around to me. Hopefully this
> >> turns out to be a real, officially blessed release and not a leak.
> >>
> >
> > It doesn't look to be official, since it does contain some closed
> > source
> > code but is mostly CDDL and even contains an OPENSOLARIS.LICENSE
>
> Sounds like you have looked at the code. If true, please do not post
> anything about it here.

True, if anyone posts a single comment or thought about the code, all of Oracle 
will hunt down this list and all its members! Even thinking about looking at 
that source code, is thought crime! Beware!

Vennlige hilsener / Best regards

roy
--
Roy Sigurd Karlsbakk
(+47) 97542685
r...@karlsbakk.net
http://blogg.karlsbakk.net/
--
I all pedagogikk er det essensielt at pensum presenteres intelligibelt. Det er 
et elementært imperativ for alle pedagoger å unngå eksessiv anvendelse av 
idiomer med fremmed opprinnelse. I de fleste tilfeller eksisterer adekvate og 
relevante synonymer på norsk.

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Re: [OpenIndiana-discuss] Solaris 11 source code leaked?

2011-12-20 Thread Brian Wilson

And on the heels of my cynicism is useful information from Alan.

I'd just like to apologize if my comments offended or annoyed anyone 
working at Oracle, still doing doing Good Things.  My cynicism and 
frustration wasn't meant to be directed at them, but at the Oracle 
organization's decisions in the past, and possibly future.


cheers,
Brian

On 12/20/11 10:05 AM, Alan Coopersmith wrote:

On 12/20/11 03:43, Gabriel de la Cruz wrote:

The code comes together with legal guidelines how to use it... as long
as those guidelines are followed, there is nothing wrong about it.


If I take something you wrote and post it without your permission under a
license you didn't approve it to be distributed under, I'm sure you'd 
agree
there's something very wrong with that.   I can't relicense Linux to 
CDDL by
just throwing up a torrent of its sources with a bunch of CDDL notices 
in.


Without any sort of Oracle statement that this is an intentional release,
and with no links to it from an official Oracle site (including
opensolaris.org), you have to assume it's unauthorized.

[Just to be clear, I am *NOT* any sort of authorized Oracle spokesman 
and not
 issuing any statement on behalf of Oracle.   I am simply an engineer 
with many

 years of experience dealing with software licensing around open source
 projects, offering my personal perspective.   This is always true for 
things

 I post to mailing lists, but most especially true in this case.]


This is not marked as classified or proprietary,


Have you checked every file in it for such markings?   Preparing the 
source
releases is not a simple process, and if someone unfamiliar with that 
process
was to just grab it, they might well include such files, either by 
mistake or

malicious intent.

Of course, you also have no guarantee that any file you find on an 
anonymous
torrent is the actual unmodified source code, and has not been 
tampered with
in any way to sneak in subtle back doors or other issues, or that it's 
the

final product with all the showstopper bugs fixed.




--
---
Brian Wilson, Solaris SE, UW-Madison DoIT
Room 3114 CS&S608-263-8047
brian.wilson(a)doit.wisc.edu
'I try to save a life a day. Usually it's my own.' - John Crichton
---


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Re: [OpenIndiana-discuss] Solaris 11 source code leaked?

2011-12-20 Thread Alan Coopersmith

On 12/20/11 03:43, Gabriel de la Cruz wrote:

The code comes together with legal guidelines how to use it... as long
as those guidelines are followed, there is nothing wrong about it.


If I take something you wrote and post it without your permission under a
license you didn't approve it to be distributed under, I'm sure you'd agree
there's something very wrong with that.   I can't relicense Linux to CDDL by
just throwing up a torrent of its sources with a bunch of CDDL notices in.

Without any sort of Oracle statement that this is an intentional release,
and with no links to it from an official Oracle site (including
opensolaris.org), you have to assume it's unauthorized.

[Just to be clear, I am *NOT* any sort of authorized Oracle spokesman and not
 issuing any statement on behalf of Oracle.   I am simply an engineer with many
 years of experience dealing with software licensing around open source
 projects, offering my personal perspective.   This is always true for things
 I post to mailing lists, but most especially true in this case.]


This is not marked as classified or proprietary,


Have you checked every file in it for such markings?   Preparing the source
releases is not a simple process, and if someone unfamiliar with that process
was to just grab it, they might well include such files, either by mistake or
malicious intent.

Of course, you also have no guarantee that any file you find on an anonymous
torrent is the actual unmodified source code, and has not been tampered with
in any way to sneak in subtle back doors or other issues, or that it's the
final product with all the showstopper bugs fixed.

--
-Alan Coopersmith-alan.coopersm...@oracle.com
 Oracle Solaris Platform Engineering: X Window System


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Re: [OpenIndiana-discuss] Solaris 11 source code leaked?

2011-12-20 Thread Brian Wilson

On 12/20/11 08:13 AM, Robin Axelsson wrote:

On 2011-12-20 13:24, Dave Koelmeyer wrote:

On 12/21/11 12:43 AM, Gabriel de la Cruz wrote:

The most they can do is politely asking not to use it.

Am I wrong?


Yes. This is Oracle we're talking about here. I can't quite believe 
anyone is even seriously contemplating this.


Perhaps it is best to wait and see what the people at Oracle will say 
or do. Maybe the leak came because the Solaris development didn't gain 
the momentum they desired or expected.


If that's the case then maybe it might be possible to convince them to 
collaborate more closely and contribute more to the Illumos/OI 
project. There's no need to be more hostile than necessary.


Friendly suggestion - google/search Oracle lawsuit open source.  I got 
1.22 million hits on google, though a lot are repeat news on Oracle 
suing Google about Android.
Oracle *does* go after open source projects that they think are using 
code they shouldn't, the instant they come up with financial 
justification (i.e. it's worth more to them than it will cost), and 
sometimes even without it.
Illumos exists in part to the fact that Oracle committed one of the 
nastiest anti-open source acts against OpenSolaris in trying to kill 
it.  No matter how many times Larry says they're good with open source, 
and how many people and groups work there on open source things, the 
organization still sues and makes anti-open source decisions.


There, got that bit of cynicism out of my system for the moment.  Have a 
nice day! :)

Brian

'opinions my own, etc, etc.'

--
---
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Room 3114 CS&S608-263-8047
brian.wilson(a)doit.wisc.edu
'I try to save a life a day. Usually it's my own.' - John Crichton
---


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Re: [OpenIndiana-discuss] Solaris 11 source code leaked?

2011-12-20 Thread Ken Gunderson
On Tue, 2011-12-20 at 15:13 +0100, Robin Axelsson wrote:
> On 2011-12-20 13:24, Dave Koelmeyer wrote:
> > On 12/21/11 12:43 AM, Gabriel de la Cruz wrote:
> >> The most they can do is politely asking not to use it.
> >>
> >> Am I wrong?
> >
> > Yes. This is Oracle we're talking about here. I can't quite believe 
> > anyone is even seriously contemplating this.
> >
> Perhaps it is best to wait and see what the people at Oracle will say or 
> do. Maybe the leak came because the Solaris development didn't gain the 
> momentum they desired or expected.
> 
> If that's the case then maybe it might be possible to convince them to 
> collaborate more closely and contribute more to the Illumos/OI project. 
> There's no need to be more hostile than necessary.

Ah, the young and naive.  So cute. Goochi, goochi, goo. Time for
baby's nap...

See Christopher Chan's post when you wake up :-{ 

-- 
Regards-- Ken Gunderson


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Re: [OpenIndiana-discuss] Solaris 11 source code leaked?

2011-12-20 Thread Jeppe Toustrup
On Tue, Dec 20, 2011 at 15:13, Robin Axelsson
 wrote:
> Perhaps it is best to wait and see what the people at Oracle will say or do.

Well, with the Friday the 13th memo, there were no comments from
Oracle afterwards...

--
Venlig hilsen / Kind regards
Jeppe Toustrup (aka. Tenzer)

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Re: [OpenIndiana-discuss] Solaris 11 source code leaked?

2011-12-20 Thread Robin Axelsson

On 2011-12-20 13:24, Dave Koelmeyer wrote:

On 12/21/11 12:43 AM, Gabriel de la Cruz wrote:

The most they can do is politely asking not to use it.

Am I wrong?


Yes. This is Oracle we're talking about here. I can't quite believe 
anyone is even seriously contemplating this.


Perhaps it is best to wait and see what the people at Oracle will say or 
do. Maybe the leak came because the Solaris development didn't gain the 
momentum they desired or expected.


If that's the case then maybe it might be possible to convince them to 
collaborate more closely and contribute more to the Illumos/OI project. 
There's no need to be more hostile than necessary.



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Re: [OpenIndiana-discuss] Solaris 11 source code leaked?

2011-12-20 Thread Christopher Chan

On Tuesday, December 20, 2011 08:24 PM, Dave Koelmeyer wrote:

On 12/21/11 12:43 AM, Gabriel de la Cruz wrote:

The most they can do is politely asking not to use it.

Am I wrong?


Yes. This is Larry we're talking about here. I can't quite believe
anyone is even seriously contemplating risking his ire.



There, fixed that for you. :-D

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Re: [OpenIndiana-discuss] Solaris 11 source code leaked?

2011-12-20 Thread Dave Koelmeyer

On 12/21/11 12:43 AM, Gabriel de la Cruz wrote:

The most they can do is politely asking not to use it.

Am I wrong?


Yes. This is Oracle we're talking about here. I can't quite believe 
anyone is even seriously contemplating this.


--
Dave Koelmeyer
http://blog.davekoelmeyer.co.nz


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Re: [OpenIndiana-discuss] Solaris 11 source code leaked?

2011-12-20 Thread Gary Driggs
On Dec 20, 2011, "LinuxBSDos.com" wrote:

> Sounds like you have looked at the code. If true, please do not post anything 
> about it here

Yeah, no spoilers, man. The release notes & Oracle fora posters
already told us that JumpStart, lu, nwam, SMC, wcadmin, Xsun, CDE, and
sun4u architecture have all died mysterious deaths, that our hero,
ZFS, took a job as a cryptographer with a shadow government that
allegedly clones data, and a couple of neurotic & schizophrenic yet
somehow familiar families of strangers led by IPS package manager,
automated installer, & network virtualization have moved in to the
suburbs where they've thoroughly frightened their Linux & BSD
neighbors.

Will ZFS continue his obvious affair with the cute demon down the
lane? Will Larry & Linus finally admit their true love for each other?
And what will become of poor old Mr. UltraSPARC II now that sexy,
young Mr. SPARC T4 has moved to town? These questions — and many
others — will be answered in the next episode of... All My Child
Processes.

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Re: [OpenIndiana-discuss] Solaris 11 source code leaked?

2011-12-20 Thread Gabriel de la Cruz
Oracle really knows how to earn the hearts of everyone... using
bittorrent... how innovative!

The code comes together with legal guidelines how to use it... as long
as those guidelines are followed, there is nothing wrong about it.
This is not marked as classified or proprietary, does it even have the
level of clearance to be considered a leak? It is built on the top of
opensource, it is not classified, therefore is not a leak.

The channel how it was distributed is not the usual one (that might
reflect an internal problem in Oracle, internal problems are to be
solved internally, we have nothing to do with that), but no one but
Oracle could had possibly released that code (intentionally or by an
organizational malfunction).

The most they can do is politely asking not to use it.

Am I wrong?

Is it worth to ask a lawyer? I assume that the code might have some good use...

Br



On Tue, Dec 20, 2011 at 12:23 PM, Mark  wrote:
> On 20/12/2011 6:29 a.m., Gregory Youngblood wrote:
>>
>> This seems potentially bad all the way around to me. Hopefully this turns
>> out to be a real, officially blessed release and not a leak.
>>
>
> It doesn't look to be official, since it does contain some closed source
> code but is mostly CDDL and even contains an OPENSOLARIS.LICENSE
>
>
>
>
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Re: [OpenIndiana-discuss] Solaris 11 source code leaked?

2011-12-20 Thread LinuxBSDos.com
> On 20/12/2011 6:29 a.m., Gregory Youngblood wrote:
>> This seems potentially bad all the way around to me. Hopefully this
>> turns out to be a real, officially blessed release and not a leak.
>>
>
> It doesn't look to be official, since it does contain some closed source
> code but is mostly CDDL and even contains an OPENSOLARIS.LICENSE
>
  Sounds like you have looked at the code. If true, please do not post
anything about it here.

--
Fini D.


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Re: [OpenIndiana-discuss] Solaris 11 source code leaked?

2011-12-20 Thread Mark

On 20/12/2011 6:29 a.m., Gregory Youngblood wrote:

This seems potentially bad all the way around to me. Hopefully this turns out 
to be a real, officially blessed release and not a leak.



It doesn't look to be official, since it does contain some closed source 
code but is mostly CDDL and even contains an OPENSOLARIS.LICENSE




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Re: [OpenIndiana-discuss] Solaris 11 source code leaked?

2011-12-20 Thread Open Indiana
It's like sneezing in a dark-room, now Oracle can wait outside to see who
all catched the flue.

;-)



-Original Message-
From: Bill Sommerfeld [mailto:sommerf...@alum.mit.edu]
Sent: maandag 19 december 2011 19:21
To: openindiana-discuss@openindiana.org
Subject: Re: [OpenIndiana-discuss] Solaris 11 source code leaked?

On 12/19/11 07:53, Chris Ridd wrote:
> But what if the changed code in the leaked code was licensed under the
CDDL. Would that make it OK to reuse outside of Oracle?

You're asking for legal advice.  Any legal advice you get on this list is
worth less than what you paid for it.





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Re: [OpenIndiana-discuss] Solaris 11 source code leaked?

2011-12-19 Thread Bill Sommerfeld

On 12/19/11 07:53, Chris Ridd wrote:

But what if the changed code in the leaked code was licensed under the CDDL. 
Would that make it OK to reuse outside of Oracle?


You're asking for legal advice.  Any legal advice you get on this list 
is worth less than what you paid for it.






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Re: [OpenIndiana-discuss] Solaris 11 source code leaked?

2011-12-19 Thread Lou Picciano
Gregory, 

Must say, this was my first thought of it. It could be a fairly insidious way 
to 'infect' the process... Even without 20 years' experience in IP Law, it's 
easy to imagine lots of (unpleasant) discussion about 'Derivative Works'. 

Lou Picciano 

- Original Message -
From: "Gregory Youngblood"  
To: "Discussion list for OpenIndiana"  
Sent: Monday, December 19, 2011 12:29:05 PM 
Subject: Re: [OpenIndiana-discuss] Solaris 11 source code leaked? 

This seems potentially bad all the way around to me. Hopefully this turns out 
to be a real, officially blessed release and not a leak. 

Given the question as to the origin of this code drop, and the potential huge 
downside if it turns out to be a leak and not an official code drop, then I 
would say everyone in Illumos/OI and related communities are best steering 
clear of the code. Not even steering clear, but deliberately going out of the 
way to avoid looking at it or anything related to it. 

All it takes is someone that even accidentally has unclean hands from seeing 
the code and then later, perhaps unknowingly, coming up with an idea that is 
close enough to what was done in the leaked code to potentially doom or cause a 
major set back to the project(s). 

Even avoiding looking at the code is not an assurance that Oracle won't at some 
point later attempt to apply legal pressure to make things difficult by using 
the allegation of code from the leak being used without permission. Look how 
long SCO has managed to drag out it's battle with all things Linux, even after 
it was found not to own the copyrights. 

Hopefully steering clear of the code will decrease the chances of unfounded 
legal attacks later. In my opinion, if this is a code leak and not a release, 
it's a great disservice to everyone involved. 

Greg 

On Dec 19, 2011, at 10:08 AM, Jonathan Adams wrote: 

> it wouldn't need to be a disgruntled Oracle employee, they still deal 
> with Intel, and other manufacturers ... just needs to be someone with 
> access to the code and no emotional ties to Oracle. 
> 
> If code is tagged with the CDDL, can that code not be CDDL? if so a 
> third party with no involvement, or an automated system could remove 
> files from the archive that don't have the CDDL leaving only 
> Open-licensed code available. 
> 
> Jon 
> 
> On 19 December 2011 16:44, Michael Kerpan  wrote: 
>> I'm assuming that a disgruntled employee made this dump out of 
>> frustration with the current situation. Still, given that the CDDL 
>> licenses on most files are almost certainly simply leftovers from the 
>> Sun era, the code is useless to OpenIndiana and not legally binding. 
>> I'd even go as far as to say that this is a BAD thing as there's now 
>> tempting code out there that if it accidentally made its way into OI 
>> or FreeBSD or any of the other projects using code from the 
>> OpenSolaris era could cause MAJOR legal problems for those projects. 
>> 
>> Mike 
>> 
>> ___ 
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Re: [OpenIndiana-discuss] Solaris 11 source code leaked?

2011-12-19 Thread Gregory Youngblood
This seems potentially bad all the way around to me. Hopefully this turns out 
to be a real, officially blessed release and not a leak.

Given the question as to the origin of this code drop, and the potential huge 
downside if it turns out to be a leak and not an official code drop, then I 
would say everyone in Illumos/OI and related communities are best steering 
clear of the code. Not even steering clear, but deliberately going out of the 
way to avoid looking at it or anything related to it.

All it takes is someone that even accidentally has unclean hands from seeing 
the code and then later, perhaps unknowingly, coming up with an idea that is 
close enough to what was done in the leaked code to potentially doom or cause a 
major set back to the project(s).

Even avoiding looking at the code is not an assurance that Oracle won't at some 
point later attempt to apply legal pressure to make things difficult by using 
the allegation of code from the leak being used without permission. Look how 
long SCO has managed to drag out it's battle with all things Linux, even after 
it was found not to own the copyrights. 

Hopefully steering clear of the code will decrease the chances of unfounded 
legal attacks later. In my opinion, if this is a code leak and not a release, 
it's a great disservice to everyone involved.

Greg

On Dec 19, 2011, at 10:08 AM, Jonathan Adams wrote:

> it wouldn't need to be a disgruntled Oracle employee, they still deal
> with Intel, and other manufacturers ... just needs to be someone with
> access to the code and no emotional ties to Oracle.
> 
> If code is tagged with the CDDL, can that code not be CDDL? if so a
> third party with no involvement, or an automated system could remove
> files from the archive that don't have the CDDL leaving only
> Open-licensed code available.
> 
> Jon
> 
> On 19 December 2011 16:44, Michael Kerpan  wrote:
>> I'm assuming that a disgruntled employee made this dump out of
>> frustration with the current situation. Still, given that the CDDL
>> licenses on most files are almost certainly simply leftovers from the
>> Sun era, the code is useless to OpenIndiana and not legally binding.
>> I'd even go as far as to say that this is a BAD thing as there's now
>> tempting code out there that if it accidentally made its way into OI
>> or FreeBSD or any of the other projects using code from the
>> OpenSolaris era could cause MAJOR legal problems for those projects.
>> 
>> Mike
>> 
>> ___
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>> http://openindiana.org/mailman/listinfo/openindiana-discuss
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Re: [OpenIndiana-discuss] Solaris 11 source code leaked?

2011-12-19 Thread Jonathan Adams
it wouldn't need to be a disgruntled Oracle employee, they still deal
with Intel, and other manufacturers ... just needs to be someone with
access to the code and no emotional ties to Oracle.

If code is tagged with the CDDL, can that code not be CDDL? if so a
third party with no involvement, or an automated system could remove
files from the archive that don't have the CDDL leaving only
Open-licensed code available.

Jon

On 19 December 2011 16:44, Michael Kerpan  wrote:
> I'm assuming that a disgruntled employee made this dump out of
> frustration with the current situation. Still, given that the CDDL
> licenses on most files are almost certainly simply leftovers from the
> Sun era, the code is useless to OpenIndiana and not legally binding.
> I'd even go as far as to say that this is a BAD thing as there's now
> tempting code out there that if it accidentally made its way into OI
> or FreeBSD or any of the other projects using code from the
> OpenSolaris era could cause MAJOR legal problems for those projects.
>
> Mike
>
> ___
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Re: [OpenIndiana-discuss] Solaris 11 source code leaked?

2011-12-19 Thread Michael Kerpan
I'm assuming that a disgruntled employee made this dump out of
frustration with the current situation. Still, given that the CDDL
licenses on most files are almost certainly simply leftovers from the
Sun era, the code is useless to OpenIndiana and not legally binding.
I'd even go as far as to say that this is a BAD thing as there's now
tempting code out there that if it accidentally made its way into OI
or FreeBSD or any of the other projects using code from the
OpenSolaris era could cause MAJOR legal problems for those projects.

Mike

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Re: [OpenIndiana-discuss] Solaris 11 source code leaked?

2011-12-19 Thread Jonathan Adams
according to the reports I listed, the general consensus is that it's
licensed under CDDL ... but I haven't looked at it to confirm.

Jon

On 19 December 2011 15:53, Chris Ridd  wrote:
>
> On 19 Dec 2011, at 14:38, Jonathan Adams wrote:
>
>> http://phoronix.com/forums/showthread.php?65756-Solaris-11-source-code-leaked
>>
>> http://news.softpedia.com/news/Oracle-Solaris-11-Kernel-Source-Leaked-241597.shtml
>>
>> Has this been "leaked"? do we want to try to look/keep well clear in
>> order to see where ZFS changes are made with encryption, to enable
>> support?
>
> I would suspect that it would be definitely something to avoid looking at, to 
> avoid any possibility of legal threats from Oracle.
>
> But what if the changed code in the leaked code was licensed under the CDDL. 
> Would that make it OK to reuse outside of Oracle?
>
> Chris
>
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Re: [OpenIndiana-discuss] Solaris 11 source code leaked?

2011-12-19 Thread Chris Ridd

On 19 Dec 2011, at 14:38, Jonathan Adams wrote:

> http://phoronix.com/forums/showthread.php?65756-Solaris-11-source-code-leaked
> 
> http://news.softpedia.com/news/Oracle-Solaris-11-Kernel-Source-Leaked-241597.shtml
> 
> Has this been "leaked"? do we want to try to look/keep well clear in
> order to see where ZFS changes are made with encryption, to enable
> support?

I would suspect that it would be definitely something to avoid looking at, to 
avoid any possibility of legal threats from Oracle.

But what if the changed code in the leaked code was licensed under the CDDL. 
Would that make it OK to reuse outside of Oracle?

Chris

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Re: [OpenIndiana-discuss] Solaris 11 source code leaked?

2011-12-19 Thread Nikola M.
On 19.12.11. 15:38, Jonathan Adams wrote:
> http://phoronix.com/forums/showthread.php?65756-Solaris-11-source-code-leaked
>
> http://news.softpedia.com/news/Oracle-Solaris-11-Kernel-Source-Leaked-241597.shtml
>
> Has this been "leaked"? do we want to try to look/keep well clear in
> order to see where ZFS changes are made with encryption, to enable
> support?
If it is true, and Orcl planned to come out with it in some time in the
future,
then this "leak" is truly not such a good situation...

If that it is what it seems, code can be used just to watch it (for
ideas etc) but one needs to rewrite in free implementation anything
alike that is changed since Opensolaris close-down.

Looks to me that Orcl better step up soon to say that they are
collaborating in the future anyway in the open manner
and and that such "leaks" are not necessary for such a big and
respectful company to gain open-source oriented customers and public.
They already have tons of open source products - that are open and
commercial at the same time everywhere already and in the future, it is
for sure.

Anyway, Just small clarification from Oracle that code release is
blessed by them could clear things up. And will gain respect from wider
Solaris community and future customers.

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[OpenIndiana-discuss] Solaris 11 source code leaked?

2011-12-19 Thread Jonathan Adams
http://phoronix.com/forums/showthread.php?65756-Solaris-11-source-code-leaked

http://news.softpedia.com/news/Oracle-Solaris-11-Kernel-Source-Leaked-241597.shtml

Has this been "leaked"? do we want to try to look/keep well clear in
order to see where ZFS changes are made with encryption, to enable
support?

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