On Tue, 22 May 2007, Sam Hocevar wrote: > 3. Nexenta: Despite their incompatibility, Debian accepts both the > CDDL and GPLv2 as valid free software licences and would welcome any > solution to the distribution of a Debian system based on OpenSolaris.
This is not the case, unfortunatly, and it really would be wise in the future to consult with people who are familiar with the arguments surrounding such licenses before expressing Debian's opinion to the FSF. The CDDL's clause 9 is very much not appropriate for works in main, and to the best of my knowledge, works licensed solely under the CDDL have never been accepted in main.[1] To underline, the following clauses in the CDDL are problematic: 9. MISCELLANEOUS [...] 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 jurisdiction's 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. [...] 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. It's not appropriate for a Free Software license to require users of software to give up rights that they would normaly have in their own jurisdiction. Don Armstrong 1: http://lists.debian.org/debian-legal/2005/09/msg00026.html -- "A one-question geek test. If you get the joke, you're a geek: Seen on a California license plate on a VW Beetle: 'FEATURE'..." -- Joshua D. Wachs - Natural Intelligence, Inc. http://www.donarmstrong.com http://rzlab.ucr.edu
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