[oi-dev] OpenSXCE It is illegal to sell without source code.

Nikola M. minikola at gmail.com
Sun Sep 14 19:13:42 UTC 2014


On 09/14/14 07:02 PM, Martin Bochnig wrote:
> Cordial thanks nevertheless to the few fellows, who have proven to be
> true friends.
I hope not only people who donate money are true friends, because there 
is much more to offer to each other but that.

> And although I wanted to publish the src long ago (and in fact did
But you never did contribute code back with your distro. And it is 
required by licenses and other people and companies, organizations code, 
you started with.
> You stated long ago, that you are not a coder, so what
> are your plans with the src?
Point is that I as a user of the binaries have RIGHT to have a source 
code. And I can be a contributor if I have source code.  Who are you to 
choose who can be contributor and ba able to fork and who can not?

Copyleft license gives me that my RIGHT and I am not planning of giving 
up my freedom for some binaries. (Nor use things that are closed source, 
because if one wants it, he can always use iOS, Windows and other 
NSA-encumbered code that is being distributed to serve shadow masters...)
If don't have the code I am FORCED to always be blind user with no 
ability to do anything for myself, and that position is a position of a 
SLAVE and I don't wnat to be a slave but user of Free software!

Question is why someone would NOT release source code when he started 
with open system.
Companies like Sun and other spends hundreds of MILIONS of dollars/money 
buying out code and countless number of programmers over tens and tens 
of years contributed to all apps.

So question is WHY not release what one change in it, and start from 
THAT solid moral ground of:
Openness, friendliness and NOT hiding anything from the final user.

If product is open sourced, user CAN audit code ,CAN change source, CAN 
compile it to binaries he likes and with that breaching of CDDL and 
other copyleft licenses, those Rights (and rights of companies who are 
behind starting code) are violated.

Also contribution and payments for gratitude and support are NOT in 
direct connection with code being open or closed sourced. And being open 
source IS mandatory when you start with copyleft license, not showing 
code that you change, turn back people, and make them not using it.
I think that openness and friendliness ARE the main selling point these 
days and if one lacks that, he lacks money.
>
> Furthermore it is nonsense what you write about the CDDL terms. The
> CDDL permits the developer to keep the src closed, similar to the Xorg
> license.
I would say it is nonsense what you just said. Re-reading CDDL could 
refresh some memories.
Binaries derived from CDDL distributed code that is NOT open source are 
ILLEGAL and anyone using those binaries it can be prosecuted (in every 
country in the world).
So everyone using binaries that are made from illegally closed source 
code is in legal jeopardy.
So by not releasing code, you are putting every user of your distro in 
legal threat of being sued in any moment of usage!
https://en.wikipedia.org/wiki/CDDL
https://en.wikipedia.org/wiki/Copyleft#Strong_and_weak_copyleft
https://solaris.java.net/license.html

If you do not releasing source of CDDL project, you are doing it against 
my rights as a final user and there is no distinction actually between 
'final user' and contributor, _everyone can be contributor!_ :
> *(a)* under intellectual property rights (other than patent or 
> trademark) Licensable by Contributor to use, reproduce, modify, 
> display, perform, sublicense and distribute the Modifications created 
> by such Contributor (or portions thereof), either on an unmodified 
> basis, with other Modifications, as Covered Software and/or as part of 
> a Larger Work; and
About obligation of releasing source:
> Any Covered Software that You distribute or otherwise make available 
> in Executable form must also be made available in Source Code form and 
> that Source Code form must be distributed only under the terms of this 
> License. You must include a copy of this License with every copy of 
> the Source Code form of the Covered Software You distribute or 
> otherwise make available. You must inform recipients of any such 
> Covered Software in Executable form as to how they can obtain such 
> Covered Software in Source Code form in a reasonable manner on or 
> through a medium customarily used for software exchange.
And if you do not compy with CDDL by releasing the code you used and 
changed, your usage rights and usage rights of _every_ user of your 
distribution are terminated:
> *6.1.* This License and the rights granted hereunder will terminate 
> automatically if You fail to comply with terms herein and fail to cure 
> such breach within 30 days of becoming aware of the breach. Provisions 
> which, by their nature, must remain in effect beyond the termination 
> of this License shall survive.

> He is a person who never ever did _anything_ for OpenSXCE, SPARC nor
> for myself. What gives him the riht to place demand after demand after
> demand???
I would not like to put it under personal accusations, but:

You are the person that put it's users in Closed source slavery (western 
or eastern slavery does not matter) , turn open source project into 
illegal closed one , putting in jeopardy all of your users to be sued 
for merely using it
and currently are NOT contributing anything back in terms of source code,
therefore do more harm to your users, then by doing nothing.
If you are not releasing source, it is all like binaries do not exist. 
(it is better for you legally, actually).

Demands are supported by GRANTS that are given to all people , by those 
that came and wrote things you use before you.
Demands are mandatory , support is optional , like in every project.
If one fulfills additional demands, one can expect additional support 
from people,
but removing what people already have (project source) you are taking 
back something that people Already have and not giving actually nothing 
in return, but vague promises of source release 'one day'.
Why not right now and be done with it?
> The most ridiculous part was with the alldged "Putin-backdoor" which
> one smart person (from Poland?) expects to be hidden in OpenSXCE.
Prove it otherwise by releasing source , otherwise it is just a waste of 
time and illegal.
> For such blind idiots I no longer waste my time.
One who is trying to sell copies of illegal binaries of 
copyleft-licensed code, without releasing the source...
Binaries are legally distributed ONLY if source is open. And it is not.

> "...I fixed something in the kernel, deep down.
> ... And ok, one day in the future I
> send them the fix...."

This is not in the spirit of Copyleft license like CDDL, where changed code is obliged to be released both to the end user and to the public, the moment when derived binaries are distributed.
CDDL is weak copyleft, like LGPL, where one can mix CDDL with otherwise licensed files,
but changes in CDDL code must be released or they represent violation of the license for all users of binaries and are not legal to use unless code is open..

And not to mention many other licenses included and released in binary 
form without source.

EVERY user of OpenSXCE can sue you in ANY moment for infighting their 
rights to have code of binaries you made.  (Not just companies and all 
people that contributed to the code before you..)
So that is truly against your well being and dangerous to you and anyone 
else using it.

At the and, there is full text of CDDL (other licenses like GPL or LGPL, 
Apache and MPL go find yourself).
https://solaris.java.net/license.html
http://directory.fsf.org/wiki/License:CDDLv1.0


      COMMON DEVELOPMENT AND DISTRIBUTION LICENSE Version 1.0 (CDDL-1.0)

  *

    *1. Definitions.*

      o

        *1.1. Contributor* means each individual or entity that creates
        or contributes to the creation of Modifications.

      o

        *1.2. Contributor Version* means the combination of the Original
        Software, prior Modifications used by a Contributor (if any),
        and the Modifications made by that particular Contributor.

      o

        *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.

      o

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

      o

        *1.5. Initial Developer* means the individual or entity that
        first makes Original Software available under this License.

      o

        *1.6. Larger Work* means a work which combines Covered Software
        or portions thereof with code not governed by the terms of this
        License.

      o

        *1.7. License* means this document.

      o

        *1.8. Licensable* means having the right to grant, to the
        maximum extent possible, whether at the time of the initial
        grant or subsequently acquired, any and all of the rights
        conveyed herein.

      o

        *1.9. Modifications* means the Source Code and Executable form
        of any of the following:

          +

            *A.* Any file that results from an addition to, deletion
            from or modification of the contents of a file containing
            Original Software or previous Modifications;

          +

            *B.* Any new file that contains any part of the Original
            Software or previous Modification; or

          +

            *C.* Any new file that is contributed or otherwise made
            available under the terms of this License.

      o

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

      o

        *1.11. Patent Claims* means any patent claim(s), now owned or
        hereafter acquired, including without limitation, method,
        process, and apparatus claims, in any patent Licensable by grantor.

      o

        *1.12. Source Code* means (a) the common form of computer
        software code in which modifications are made and (b) associated
        documentation included in or with such code.

      o

        *1.13. You (or Your)* means an individual or a legal entity
        exercising rights under, and complying with all of the terms of,
        this License. For legal entities, You includes any entity which
        controls, is controlled by, or is under common control with You.
        For purposes of this definition, control means (a)Â the power,
        direct or indirect, to cause the direction or management of such
        entity, whether by contract or otherwise, or (b)Â ownership of
        more than fifty percent (50%) of the outstanding shares or
        beneficial ownership of such entity.

  *

    *2. License Grants.*

      o

        *2.1. The Initial Developer Grant.*

        Conditioned upon Your compliance with Section 3.1 below and
        subject to third party intellectual property claims, the Initial
        Developer hereby grants You a world-wide, royalty-free,
        non-exclusive license:

          +

            *(a)* under intellectual property rights (other than patent
            or trademark) Licensable by Initial Developer, to use,
            reproduce, modify, display, perform, sublicense and
            distribute the Original Software (or portions thereof), with
            or without Modifications, and/or as part of a Larger Work; and

          +

            *(b)* under Patent Claims infringed by the making, using or
            selling of Original Software, to make, have made, use,
            practice, sell, and offer for sale, and/or otherwise dispose
            of the Original Software (or portions thereof).

          +

            *(c)* The licenses granted in Sections 2.1(a) and (b) are
            effective on the date Initial Developer first distributes or
            otherwise makes the Original Software available to a third
            party under the terms of this License.

          +

            *(d)* Notwithstanding Section 2.1(b) above, no patent
            license is granted: (1)Â for code that You delete from the
            Original Software, or (2)Â for infringements caused by:
            (i)Â the modification of the Original Software, or (ii)Â the
            combination of the Original Software with other software or
            devices.

      o

        *2.2. Contributor Grant.*

        Conditioned upon Your compliance with Section 3.1 below and
        subject to third party intellectual property claims, each
        Contributor hereby grants You a world-wide, royalty-free,
        non-exclusive license:

          +

            *(a)* under intellectual property rights (other than patent
            or trademark) Licensable by Contributor to use, reproduce,
            modify, display, perform, sublicense and distribute the
            Modifications created by such Contributor (or portions
            thereof), either on an unmodified basis, with other
            Modifications, as Covered Software and/or as part of a
            Larger Work; and

          +

            *(b)* under Patent Claims infringed by the making, using, or
            selling of Modifications made by that Contributor either
            alone and/or in combination with its Contributor Version (or
            portions of such combination), to make, use, sell, offer for
            sale, have made, and/or otherwise dispose of:
            (1)Â Modifications made by that Contributor (or portions
            thereof); and (2)Â the combination of Modifications made by
            that Contributor with its Contributor Version (or portions
            of such combination).

          +

            *(c)* The licenses granted in Sections 2.2(a) and 2.2(b)
            are effective on the date Contributor first distributes or
            otherwise makes the Modifications available to a third party.

          +

            *(d)* Notwithstanding Section 2.2(b) above, no patent
            license is granted: (1)Â for any code that Contributor has
            deleted from the Contributor Version; (2)Â for infringements
            caused by: (i)Â third party modifications of Contributor
            Version, or (ii)Â the combination of Modifications made by
            that Contributor with other software (except as part of the
            Contributor Version) or other devices; or (3)Â under Patent
            Claims infringed by Covered Software in the absence of
            Modifications made by that Contributor.

  *

    *3. Distribution Obligations.*

      o

        *3.1. Availability of Source Code.*

        Any Covered Software that You distribute or otherwise make
        available in Executable form must also be made available in
        Source Code form and that Source Code form must be distributed
        only under the terms of this License. You must include a copy of
        this License with every copy of the Source Code form of the
        Covered Software You distribute or otherwise make available. You
        must inform recipients of any such Covered Software in
        Executable form as to how they can obtain such Covered Software
        in Source Code form in a reasonable manner on or through a
        medium customarily used for software exchange.

      o

        *3.2. Modifications.*

        The Modifications that You create or to which You contribute are
        governed by the terms of this License. You represent that You
        believe Your Modifications are Your original creation(s) and/or
        You have sufficient rights to grant the rights conveyed by this
        License.

      o

        *3.3. Required Notices.*

        You must include a notice in each of Your Modifications that
        identifies You as the Contributor of the Modification. You may
        not remove or alter any copyright, patent or trademark notices
        contained within the Covered Software, or any notices of
        licensing or any descriptive text giving attribution to any
        Contributor or the Initial Developer.

      o

        *3.4. Application of Additional Terms.*

        You may not offer or impose any terms on any Covered Software in
        Source Code form that alters or restricts the applicable version
        of this License or the recipients rights hereunder. You may
        choose to offer, and to charge a fee for, warranty, support,
        indemnity or liability obligations to one or more recipients of
        Covered Software. However, you may do so only on Your own
        behalf, and not on behalf of the Initial Developer or any
        Contributor. You must make it absolutely clear that any such
        warranty, support, indemnity or liability obligation is offered
        by You alone, and 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
        warranty, support, indemnity or liability terms You offer.

      o

        *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.

      o

        *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.

  *

    *4. Versions of the License.*

      o

        *4.1. New Versions.*

        Sun Microsystems, Inc. is the initial license steward and may
        publish revised and/or new versions of this License from time to
        time. Each version will be given a distinguishing version
        number. Except as provided in Section 4.3, no one other than the
        license steward has the right to modify this License.

      o

        *4.2. Effect of New Versions.*

        You may always continue to use, distribute or otherwise make the
        Covered Software available under the terms of the version of the
        License under which You originally received the Covered
        Software. If the Initial Developer includes a notice in the
        Original Software prohibiting it from being distributed or
        otherwise made available under any subsequent version of the
        License, You must distribute and make the Covered Software
        available under the terms of the version of the License under
        which You originally received the Covered Software. Otherwise,
        You may also choose to use, distribute or otherwise make the
        Covered Software available under the terms of any subsequent
        version of the License published by the license steward.

      o

        *4.3. Modified Versions.*

        When You are an Initial Developer and You want to create a new
        license for Your Original Software, You may create and use a
        modified version of this License if You: (a)Â rename the license
        and remove any references to the name of the license steward
        (except to note that the license differs from this License); and
        (b)Â otherwise make it clear that the license contains terms
        which differ from this License.

  *

    *5. DISCLAIMER OF WARRANTY.*

    COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN AS IS BASIS,
    WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
    INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE
    IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
    NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF
    THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE
    DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY
    OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING,
    REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN
    ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS
    AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

  *

    *6. TERMINATION.*

      o

        *6.1.* This License and the rights granted hereunder will
        terminate automatically if You fail to comply with terms herein
        and fail to cure such breach within 30 days of becoming aware of
        the breach. Provisions which, by their nature, must remain in
        effect beyond the termination of this License shall survive.

      o

        *6.2.* If You assert a patent infringement claim (excluding
        declaratory judgment actions) against Initial Developer or a
        Contributor (the Initial Developer or Contributor against whom
        You assert such claim is referred to as Participant) alleging
        that the Participant Software (meaning the Contributor Version
        where the Participant is a Contributor or the Original Software
        where the Participant is the Initial Developer) directly or
        indirectly infringes any patent, then any and all rights granted
        directly or indirectly to You by such Participant, the Initial
        Developer (if the Initial Developer is not the Participant) and
        all Contributors under Sections 2.1 and/or 2.2 of this License
        shall, upon 60 days notice from Participant terminate
        prospectively and automatically at the expiration of such 60 day
        notice period, unless if within such 60 day period You withdraw
        Your claim with respect to the Participant Software against such
        Participant either unilaterally or pursuant to a written
        agreement with Participant.

      o

        *6.3.* In the event of termination under Sections 6.1 or 6.2
        above, all end user licenses that have been validly granted by
        You or any distributor hereunder prior to termination (excluding
        licenses granted to You by any distributor) shall survive
        termination.

  *

    *7. LIMITATION OF LIABILITY.*

    UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
    (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE
    INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF
    COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE
    TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
    CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
    LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK
    STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
    COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
    INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
    LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
    RESULTING FROM SUCH PARTYS NEGLIGENCE TO THE EXTENT APPLICABLE LAW
    PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
    EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
    THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.

  *

    *8. U.S. GOVERNMENT END USERS.*

    The Covered Software is a commercial item, as that term is defined
    in 48 C.F.R. 2.101 (Oct. 1995), consisting of commercial computer
    software (as that term is defined at 48 C.F.R. Â 252.227-7014(a)(1))
    and commercial computer software documentation as such terms are
    used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R.
    12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all
    U.S. Government End Users acquire Covered Software with only those
    rights set forth herein. This U.S. Government Rights clause is in
    lieu of, and supersedes, any other FAR, DFAR, or other clause or
    provision that addresses Government rights in computer software
    under this License.

  *

    *9. MISCELLANEOUS.*

    This License represents the complete agreement concerning subject
    matter hereof. If any provision of this License is held to be
    unenforceable, such provision shall be reformed only to the extent
    necessary to make it enforceable. This License shall be governed by
    the law of the jurisdiction specified in a notice contained within
    the Original Software (except to the extent applicable law, if any,
    provides otherwise), excluding such jurisdictions conflict-of-law
    provisions. Any litigation relating to this License shall be subject
    to the jurisdiction of the courts located in the jurisdiction and
    venue specified in a notice contained within the Original Software,
    with the losing party responsible for costs, including, without
    limitation, court costs and reasonable attorneys fees and expenses.
    The application of the United Nations Convention on Contracts for
    the International Sale of Goods is expressly excluded. Any law or
    regulation which provides that the language of a contract shall be
    construed against the drafter shall not apply to this License. You
    agree that You alone are responsible for compliance with the United
    States export administration regulations (and the export control
    laws and regulation of any other countries) when You use, distribute
    or otherwise make available any Covered Software.

  *

    *10. RESPONSIBILITY FOR CLAIMS.*

    As between Initial Developer and the Contributors, each party is
    responsible for claims and damages arising, directly or indirectly,
    out of its utilization of rights under this License and You agree to
    work with Initial Developer and Contributors to distribute such
    responsibility on an equitable basis. Nothing herein is intended or
    shall be deemed to constitute any admission of liability.



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