On May 19, 2008, at 17:31, David Magda wrote:
> you can use, modify, and redistribute code released under CDDL  
> without worrying about any patents

On May 19, 2008, at 18:12, Joerg Schilling wrote:
> If it was correct, then neither FreeBSD nor Mac OS X could use ZFS.

Somebody correct me if I'm wrong, but AFAIK, both FreeBSD and OSX use  
a non-trival portion of the CDDL'ed code directly (FreeBSD  
implemented a Solaris compatibility layer so they could do this,  
according to the paper on ZFS on FreeBSD) so the patent rights are  
conferred because the CDDL'ed code is used.  Since they're both BSD,  
the licenses are compatible.

A cleanroom implementation would not use the CDDL'ed code, and so the  
patent rights wouldn't flow.  It would be neat if the CDDL said you  
could learn from the CDDL'ed code and have patent rights confer, but  
I don't believe such a clause exists.  Clean-rooming ZFS might be  
easier than tackling GPLv3.

On May 19, 2008, at 18:16, Joerg Schilling wrote:
> He only needs to make sure that these people cover more than 50% of  
> the code
> and that no single contributor who owns more than 5% of the whole  
> source
> remains unasked.

That would be convenient, but do you have cite (it would help my  
understanding of this morass)?  I don't see where the GPLv2 trumps  
Berne Convention copyright.  The *GNU Project* code does require  
copyright assignment, for this reason (turns out they were on to  
something, IMHO).

I have heard people say that by this time we know where X% (where X  
is very large) of the Linux code came from, and re-writing the  
unattributed parts would not be an impossible task, should GPLv3 be  
desired.  My guess is if 47 of the 50 proverbial core people were on  
board the other 3's code would get re-done.  Unless it were e.g.,  
Ingo, Alan, Linus.

In my dream world Jonathan dispatched Jeff to talk to Linus and  
broach, "we'll do it if you do it". :)  If so we can mark the date on  
the calendar when digital cameras come with ZFS flash cards instead  
of FAT32! (I'm only half kidding)

-Bill

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