On Fri, 07 Jul 2006, Joerg Schilling wrote:
> Andreas Barth <[EMAIL PROTECTED]> wrote:
> > Also, as usual, you are ignoring the vital fact that the
> > combination of CDDL and GPL is something between legally dubious
> > and illegal. Of course, you ca distribute whatever you want, but
> > Debian is bound to legal behaviour.
> 
> It seems that you did never read the GPL and the CDDL in depth
> enough in order to under stand either of them...
> 
> The GPL explicitely allows to use the code and it only forbids to
> use GPL code in non-GPL projects. So it is obvious that the GPL
> allows to use non GPL code in a GPL project.

The GNU GPL only allows this when it is possible to satisfy the
conditions of the GPL for the distributed work. For example, this is
why it is possible to combine MIT licensed works with GPLed works.

Allow me to make it abundantly clear why the CDDL and GPL are
incompatible:[1]

CDDL 3.1 requires that the Source Code of Covered Works made available
in Executable form be distributable only under the CDDL; CDDL 3.4
disallows additional restrictions. CDDL 6.2 (patent retaliation) is a
restriction not present in the GPL.

GPL 2 requires all of the work when distributed together to apply to
the GPL. GPL 6 dissallows additional restrictions. GPL 2c is a
requirement not present in the CDDL.

As you can see, they're incompatible with eachother in either
direction. Indeed, I've been told by those involved in the drafting of
the CDDL that this was done by design. [See the video of the Solaris
discussion at Debconf 6 if you want to see someone talk about it; you
can also see me discussing this issue and others as well in the same
video.]

That said, it may be possible for the copyright holder (assuming the
copyright holder is a single entity) to distribute such a work.[2]
It's just impossible for anyone else to distribute it without
separating the incompatible bits.

As a final note, the "mere aggregation" clause of the GPL does not
apply in this case, as the works have a non-trivial dependency
relationship with eachother; they are not merely placed on the same
media for distribution.


Don Armstrong

1: Apologies for those who follow -devel, but I'm going to repeat the
same argument here.

2: Or someone else who has some sort of unrestricted licence to one or
the other half of the work.
-- 
The attackers hadn't simply robbed the bank. They had carried off
everything portable, including the security cameras, the carpets, the
chairs, and the light and plumbing fixtures. The conspirators had
deliberately punished the bank, for reasons best known to themselves,
or to their unknown controllers. They had superglued doors and
shattered windows, severed power and communications cables, poured
stinking toxins into the wallspaces, and concreted all of the sinks
and drains. In eight minutes, sixty people had ruined the building so
thouroughly that it had to be condemed and later demolished.
 -- Bruce Sterling, _Distraction_ p4

http://www.donarmstrong.com              http://rzlab.ucr.edu


-- 
To UNSUBSCRIBE, email to [EMAIL PROTECTED]
with a subject of "unsubscribe". Trouble? Contact [EMAIL PROTECTED]

Reply via email to