[OpenIndiana-discuss] Solaris 11 source code leaked?

Mon Dec 26 22:50:42 UTC 2011

I think fears that this might be a ruse on Oracle's side to put 
OI/Illumos in trouble are probably healthy to have. Probably the best 
course of action is to treat the source as a piece of biohazard while 
doing absolutely nothing until we see an official reaction from Oracle. 
All I was trying to say on this thread was at least pretend to give them 
the benefit of the doubt and put a cheesy smile on the face.

After all it is difficult for anyone who is framed as evil or a criminal 
to do good or redeem oneself. Maybe Oracle will decide to cooperate with 
the OI/Illumos folks some day in the future. So it would be a shame if 
too much of badmouthing, calumny and slander would put a slight pall on 
such a cooperation in the future.

On 2011-12-26 23:15, Gabriel de la Cruz wrote:
> Oracle has rights over their code and trademarks, but as well
> responsibilities.
>
> The code could only be distributed by someone who was granted clearance to
> the code (someone with a contractual relationship with Oracle).
>
> Oracle is allowing the continuation of the circumstances that are
> distributing the code across the Internet (Many people took contact with
> them, they know that the code is out, but they are not acting against it).
> If this would be the breach of a trade secret they would have the power and
> duty to prevent it from spreading in the net.
>
> Code marked with Oracle's trademarks went in the public domain with CDDL
> headers.  If the CDDL headers were misused, they should correct them, or
> remove the files from the public domain. No one but Oracle has the duty to
> protect the right use of the code released under their trademarks.
>
> In my modest opinion Oracle is liable itself for the distribution of the
> code under CDDL headers, no matter what is the protocol usually followed in
> official releases. The code is in the public domain, uses their trademarks,
> and contains legal guidelines how to use it. Oracle has responsabilities
> over the 3 facts.
>
> My personal guess would be to put in contrast (file by file) the former
> Opensolaris code with the data that was released. If the code is marked as
> CDDL in both, and the data has sufficient similarities, I would simply use
> it following the CDDL norms.
>
> Maybe it could be a good idea to ask Oracle to say if they have something
> against it. I would just formulate the question so they have to respond,
> and send it to sufficient addressees.
>
> I am not an OI developer, neither a layer, I am just dropping ideas as
> others do...
>
> Please correct me if I am wrong...
>
>
>
> On Mon, Dec 26, 2011 at 10:02 PM, Gregory Youngblood
> <gregory at youngblood.me>wrote:
>
>> Oracle owns copyright they don't have to follow cddl if they choose not to.
>>
>> Irrelevant if these files have cddl license stamped on them. Could have
>> been done by anyone. Until or if this is officially recognized by Oracle as
>> an official release it is poison fruit. Anything or one that looks at this
>> and incorporates it into any projects risks the destruction of that
>> project. Something I am sure Oracle wouldn't mind happening to illumos or
>> openindiana.
>>
>> This is no different than someone stealing Windows code, slapping gpl
>> licenses on the code and releasing it. They were not legally authorized to
>> put that license on that code and release it so it does not count and in
>> court it would not be recognized.  Same as a locksmith making an extra copy
>> of your housekey and giving it to someone saying tale anything you want.
>>
>> Best course of action is to ignore it, don't look at it, and especially
>> don't download it.
>>
>> Greg
>>
>> Sent from my Verizon Wireless 4G LTE Smartphone
>>
>> ----- Reply message -----
>> From: "Nikola M"<minikola at gmail.com>
>> To: "Discussion list for OpenIndiana"<openindiana-discuss at openindiana.org
>> Subject: [OpenIndiana-discuss] Solaris 11 source code leaked?
>> Date: Mon, Dec 26, 2011 12:28 pm
>>
>>
>> Ray Arachelian wrote:
>>> On 12/26/2011 07:31 AM, Nikola M wrote:
>>>> Maybe it is truly CDDL for the parts marked like that,
>>>> besides, why would Oracle keep CDDL headers if it is not CDDL anymore?
>>>>
>>> It's a trap that smells much worse than SCO's attempt to kill Linux via
>>> lawsuit.  Stay away from it.  You wouldn't want OpenIndiana or illumos
>>> to be tainted by it - if they are, they'll be sued into oblivion, and
>>> they will cease to exist.
>>>
>>> If Oracle releases the source to Solaris 11 through normal channels,
>>> then, by all means, have at it.  But this isn't it.
>> Well, surely Illumos will not use that code directly at first as you said.
>> Until there are concerns such as you said.
>>
>> But nature of CDDL is that it provides protection for lawsuits aether
>> for source that in under CDDL or for so called "patents" and it extends
>> to derived work. If someone want its patents or exclusive rights it
>> should not derive its OS (Solaris11) from code under Free software
>> license that provides "open forever" clause.
>>
>> Point is, (and someone also said it) that only way Oracle can stop
>> others for using CDDL-ed work and Oracle's derived work from Opensolaris
>> is not to release it for some time.
>> And that is exactly what Oracle did. It did not released updates on code
>> for some time and once code is out
>> it does not matter who made it available.
>> Maybe Oracle would have legal trouble from someone if code is NOT
>> published by any mean. In this way Oracle is protected.
>>
>> Code is available, it is there, it is under CDDL because it is
>> opensolaris derived work and one can use it as every derived code that
>> came out from any such free software / open source license that has
>> requirement of publishing source code for derived work.
>>
>> Thing is, if it is not good thing for Illumos to use it, someone else
>> might use it freely and make something out of it.
>> Others concerned and frightened (majority I suppose) might not touch it
>> as a precaution but to see is as a blueprint for constructing something
>> compatible maybe, if compatibility with Oracle Solaris is needed in the
>> future.
>>
>>
>> _______________________________________________
>> OpenIndiana-discuss mailing list
>> OpenIndiana-discuss at openindiana.org
>> http://openindiana.org/mailman/listinfo/openindiana-discuss
>> _______________________________________________
>> OpenIndiana-discuss mailing list
>> OpenIndiana-discuss at openindiana.org
>> http://openindiana.org/mailman/listinfo/openindiana-discuss
>>
> _______________________________________________
> OpenIndiana-discuss mailing list
> OpenIndiana-discuss at openindiana.org
> http://openindiana.org/mailman/listinfo/openindiana-discuss
>
> .
>