> * Joerg Schilling ([EMAIL PROTECTED]) wrote:

>Before writing more, it seems to be iomportant to mention a common 
>missconception:
>
>       Both, the CDDL and the GPL are _source_ licenses.

Why do you say that ? This main problem is the distribution of the binary 
(Executable Versions) form!

CDDL 1.0 says:

3.5. Distribution of Executable Versions.

You may distribute the Executable form of the Covered Software under the terms 
of this License or under the terms of a license of Your choice, which may 
contain terms different from this License, provided that You are in 
compliance with the terms of this License and that the license for the 
Executable form does not attempt to limit or alter the recipients rights in 
the Source Code form from the rights set forth in this License. If You 
distribute the Covered Software in Executable form under a different license, 
You must make it absolutely clear that any terms which differ from this 
License are offered by You alone, not by the Initial Developer or 
Contributor. You hereby agree to indemnify the Initial Developer and every 
Contributor for any liability incurred by the Initial Developer or such 
Contributor as a result of any such terms You offer.


So someone must decide the license of the distribution of the Covered Software 
in Executable form. Also this sort of indemnification is insane, but that is 
perfectly clear.

>They both _allow_ binary redistribution under certain conditions but it 
>is definitely wrong to even think about: "under what license might the
>resultant binary be".
>
>There is no "binary license for the project" but there is a permission to 
>distribute/use binaries under certain conditions. 

You contradict to CDDL definitions then... your binaries are Executables (that 
is the Covered Software in any form other than Source Code.):

from above: "If You distribute the Covered Software in Executable form under a 
different license"... Let me site you the definitions for Covered Software, 
Executable, and Original Software.

1.3. 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.

1.4. Executable means the Covered Software in any form other than Source Code.

1.10. Original Software means the Source Code and Executable form of computer 
software code that is originally released under this License.

And finally, CDDL 1.0
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.

I don't think Debian can fulfil the requirements of this License (CDDL 1.0) 
because of indemnification mentioned above (at least) for the Executable form 
of the Covered Software (1.4. Executable means the Covered Software in any 
form other than Source Code.)

-- 
pub 4096R/0E4BD0AB 2003-03-18 <people.fccf.net/danchev/key pgp.mit.edu>
fingerprint 1AE7 7C66 0A26 5BFF DF22 5D55 1C57 0C89 0E4B D0AB 


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