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

[Joerg Schilling]

Nikola M. <minikola at gmail.com> wrote:
> On 09/14/14 07:02 PM, Martin Bochnig wrote:

> > 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.

This is not correct: The CDDL is file based and you are allowed to add new 
files that you may keep secret. You however need to publish everything you 
modified and that was under CDDL.

> 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..

This is why Oracle it in conflict with the CDDL.

Oracle does not own all code from OpenSolaris and for this reason, Oracle would 
need to make all related code available in case they modified the code compared 
to the version from August 2010.

As Oracle does not own the rights, Oracle cannot convert CDDLd code to closed 
source. But even if they could, they would be in confict with the German law as 
the German law forbids to sell copies of copyrighted material in case the 
owners of the code are not payed fairly or the code is OSS. Given the fact that 
Sun did not pay me for the the code I added to "hsfs" (I own aprox. 1/3 of the 
code) Oracle is illegally distributing copies of Solaris.

Jörg

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