Disclaimer: I'm not a lawyer either :-)

> I have tried to read the installation agreement at my
> home, but since I'm not a legal expert and not quite
> have a good legal "English" understanding,
> I just want to ask you :
> - can I use the OpenSolaris OS

The sources are free software i.e. their "use" is not contrained by any terms 
and condition... i.e. you can compile & use. Distribution is governed by CDDL. 
This is true for any distribution conforming to CDDL (i.e. all).

Now, the tricky question involves the "binaries", because the binaries can have 
their own term and conditions eg. RHEL (binary release) is illegal to use w/o 
paying RH, but the sources can be compiled and distributed and used freely like 
CentOS derived from RHEL.

Lets see the following distributions:

1. Solaris Express Community Edition (SXCE): The binary license that you need 
to accept before downloading it prohibits production use and distribution to 
third parties. and you can't sue Sun for support/damages caused if used in 
production.

2. Solaris Express Developer Edition (SXDE): May be licensed and used in 
production subject to purchasing support. Other than this, same restrictions on 
use of binaries apply as SXCE.

3. Belenix/Nexenta: Don't seem to put any limitation on use/distribution other 
than those of CDDL. i.e. you can do whatever you want as long as you provide 
the modifications to "files" you changed that were under CDDL. (CDDL is a file 
based license).

So it seems the Solaris Express "binaries" are prohibited to be redistributed 
and from being used in production settings. So it seems you only have three 
(broad) choices:

1. Arrangement with Sun: I don't think they'd cause much rukus... the license 
is mainly concerned that people will end up using it in production and then 
either bad-mouth about the problems caused (It is fortnightly build for 
chrissake!!) and attribute it to Solaris OS in general OR end up suing Sun for 
problems caused. So the draconian license condition is more of a "let me save 
my ass first" thing.

2. Download sources and compile/build yourself. This would end up being your 
own distro and so you are free to use it (under terms of CDDL alone).

3. Use Nexenta/Belenix/marTux.

And umm about the name & logo they are copyrighted/trademarked bvy Sun. But as 
with all trademarks if you attribute it properly and don't do anything nasty 
(like claiming that your product *is* OpenSolaris or it's owned by you) you 
should be ok. You can definitely use those banners & buttons and say 
"OpenSolaris(TM) powered" or "based on OpenSolaris(TM)". BTW, Linux name is 
trademarked too (by Linus) but it has been so diluted now that no one cares to 
sue.

But of course, if you're starting a business,make sure to go through a lawyer 
once. The license and conditions are extremely short and concise so I don't 
think you'd get charged much.


- Akhilesh
 
 
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