From owner-freebsd-questions@FreeBSD.ORG Sat Apr 14 20:36:27 2007 Return-Path: X-Original-To: freebsd-questions@freebsd.org Delivered-To: freebsd-questions@freebsd.org Received: from mx1.freebsd.org (mx1.freebsd.org [69.147.83.52]) by hub.freebsd.org (Postfix) with ESMTP id 5C27616A406 for ; Sat, 14 Apr 2007 20:36:27 +0000 (UTC) (envelope-from perrin@apotheon.com) Received: from host222.ipowerweb.com (host222.ipowerweb.com [66.235.210.10]) by mx1.freebsd.org (Postfix) with SMTP id 3F48E13C45D for ; Sat, 14 Apr 2007 20:36:27 +0000 (UTC) (envelope-from perrin@apotheon.com) Received: (qmail 70396 invoked from network); 14 Apr 2007 20:35:59 -0000 Received: from unknown (HELO demeter.hydra) (24.9.123.251) by host222.ipowerweb.com with SMTP; 14 Apr 2007 20:35:59 -0000 Received: from demeter.hydra (localhost [127.0.0.1]) by demeter.hydra (8.13.6/8.13.6) with ESMTP id l3EKaPwa001182; Sat, 14 Apr 2007 14:36:25 -0600 (MDT) (envelope-from perrin@apotheon.com) Received: (from ren@localhost) by demeter.hydra (8.13.6/8.13.6/Submit) id l3EKaOUE001181; Sat, 14 Apr 2007 14:36:24 -0600 (MDT) (envelope-from perrin@apotheon.com) X-Authentication-Warning: demeter.hydra: ren set sender to perrin@apotheon.com using -f Date: Sat, 14 Apr 2007 14:36:24 -0600 From: Chad Perrin To: Philipp Wuensche Message-ID: <20070414203624.GF954@demeter.hydra> References: <200704140121.TAA29887@lariat.net> <4620D1DD.5050902@h3q.com> <200704141551.JAA07865@lariat.net> <4621078B.6070302@h3q.com> <20070414185056.GE302@demeter.hydra> <462126FA.40409@h3q.com> Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Disposition: inline In-Reply-To: <462126FA.40409@h3q.com> User-Agent: Mutt/1.4.2.2i Cc: freebsd-questions Subject: Re: Virally licensed code in FreeBSD kernel X-BeenThere: freebsd-questions@freebsd.org X-Mailman-Version: 2.1.5 Precedence: list List-Id: User questions List-Unsubscribe: , List-Archive: List-Post: List-Help: List-Subscribe: , X-List-Received-Date: Sat, 14 Apr 2007 20:36:27 -0000 On Sat, Apr 14, 2007 at 09:09:46PM +0200, Philipp Wuensche wrote: > Chad Perrin wrote: > > On Sat, Apr 14, 2007 at 06:55:39PM +0200, Philipp Wuensche wrote: > >> Brett Glass wrote: > >> > >> So CDDL does not require to license add-ons under CDDL, GPL does. In > >> this terms, FreeBSD is basically an add-on to the ZFS module ;-). > > > > The most relevant part of the CDDL seems to be section 3.6, "Larger > > Works": > > > > You may create a Larger Work by combining Covered Software with other > > code not governed by the terms of this License and distribute the > > Larger Work as a single product. In such a case, You must make sure the > > requirements of this License are fulfilled for the Covered Software. > > > > The term "Covered Software" is defined in a sufficiently ambiguous > > manner that a court battle over whether or not a "Larger Work" would be > > subject, in full, to the terms of the CDDL would probably be decided in > > favor of the guy with more money: > > > > "Covered Software" means (a) the Original Software, or (b) > > Modifications, or (c) the combination of files containing Original > > Software with files containing Modifications, in each case including > > portions thereof. > > But the rest of the BSD system does not fall under "Original Software", > "Modifications" or combination of both as they are defined in this > licsense. As I see it, it just states that everything under CDDL in the > "Larger Work" has to be handled like that, this does not include the > rest of the "Larger Work" which would be "code not governed by the terms > of this License". We're discussing what constitutes "code not goverened by the terms of this license", so until that's settled you can't really use that phrase as justification for your argument. Note, for instance, that it makes no reference to "code that was not already governed by this license". Thus, we don't know from that statement whether additional code as part of a "Larger Work" is excluded by that statement. > > They explicitly state: "In such a case, You must make sure the > requirements of this License are fulfilled for the _Covered Software_." > So the requirements must be fullfilled for software under CDDL, and not > for "code not governed by the terms of this License" (code under BSD in > our case). The question here is whether code previously "not governed by the terms of this license" is now "governed by the terms of this license". As things currently stand, and with the ambiguous phrasing of the license, it appears to me that this issue cannot be definitively settled without a judicial decision (or alteration of the CDDL to clarify the matter). -- CCD CopyWrite Chad Perrin [ http://ccd.apotheon.org ] print substr("Just another Perl hacker", 0, -2);