On Sep 7, 2005, at 15:27, Sven Luther wrote: > Ok, ... > > Debian GNU/OpenSolaris, as it would be called, having a OpenSolaris > kernel and > a GNU userland is not concerned by the GPL incompatibility of the > CDDL, but > solely on the non-freeness of the CDDL, which seems to involve right > now the > controversial choice-of-venue clause. At least if you want that effort > to be > part of debian, and not create your own thing apart from it.
Well, we're not changing the CDDL any time soon, so I suggest we hold the discussion on OpenSolaris.org for now. > > Now, my opinion is that the choice-of-venue clause problem should be > cut in > two, and leave the choice-of-venue to the defendant, as seems to be the > default in international contract law, but it would be nice to have > real legal > advice on this. This would be akin to old-time duels, where the > defendant had > choice of weapons :). > > In any case, the choice-of-law is more important and can be set without > problems in the licence. I suggest we leave this discussion for now as the debate is a matter of opinion rather than of demonstrable legal issue and we'll not get it sorted any time soon. > > The second point would include creating a mixed userland of OpenSolaris > and non-OpenSolaris userland, where GPL or LGPL compatibility of the > userland > tools would be a big plus to easily intermingle the various apps and > libraries, but not an absolute need, and is a complicated mess due to > all the > licences considered. While the licensing space is a fraction more complicated than in Debian now, as long as there are no showstoppers it seems to me it should be possible to progress. > > So, my recomendation is the following : > > 1) for the OpenSolaris kernel, change the CDDL to not include > choice-of-venue. I'll explore the possibilities but as I say don't hold your breath as it's deeply subjective. > > 2) use a different GPL/LGPL compatible licence for the userland, or > possibly > a dual licenced CDDL/<insert random GPL compatible licene> solution. > All > userland projects (mozilla, Qt/KDE, OpenOffice), have gone for > something > such. What would need to be licensed in this way? Build scripts? > I am still not sure for the potential of using GPLed kernel drivers > with the > OpenSolaris kernel, as i am not familiar enough with the technical way > the > OpenSolaris kernel operates, but as long as there is a clear interface > between > the kernel and modules, the derivative-work-thingy will not cross this > boundary, anymore than it does for linux modules. > > Friendly, > > Sven Luther >
