[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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