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" <greg...@youngblood.me> 
To: "Discussion list for OpenIndiana" <openindiana-discuss@openindiana.org> 
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 <madcrow.maxw...@gmail.com> 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 
>> 
>> _______________________________________________ 
>> OpenIndiana-discuss mailing list 
>> OpenIndiana-discuss@openindiana.org 
>> http://openindiana.org/mailman/listinfo/openindiana-discuss 
> 
> _______________________________________________ 
> OpenIndiana-discuss mailing list 
> OpenIndiana-discuss@openindiana.org 
> http://openindiana.org/mailman/listinfo/openindiana-discuss 


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