[illumos-Developer] trouble getting SUNWspro

[Christopher J. Ruwe]

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On 25/08/10 16:01, Mike Gerdts wrote:
> On Wed, Aug 25, 2010 at 5:36 AM, Joerg Schilling
> <Joerg.Schilling at fokus.fraunhofer.de> wrote:
>> "Garrett D'Amore" <garrett at damore.org> wrote:
>>
>>>> Are we going to capture some of these distributions, such as the
>>>> compiler, and the closed bins ?  Or is the plan to obviate them before
>>>> we lose access?
>>>
>>> We want to obviate them asap.  The problem is that I don't believe that
>>> the compilers are technically redistributable, but to be fair I have not
>>> checked the licenses.
>>>
>>> In the meantime, please grab your own archive copies.
>>
>> I did not read any of the compiler related information but I remember that Sun
>> claimed that everything from the Indiana distro is redistributable. It may
>> make
>> sense to check the legal state.
>>
>> In order to be sure to make no mistake, it seems to be a good idea if
>> everybody
>> fetches his own copy.
>>
>> Jörg
>
> The license is available at...
>
> http://pkg.opensolaris.org/dev/info/0/developer%2Fsunstudio12u1%4012.1.1%2C5.11-0.111%3A20100306T002245Z
>
>
> 2. Permitted Uses.
>
> Subject to the terms and conditions of this Agreement and restrictions and
> exceptions set forth in the Software's documentation, Sun grants you a
> non-exclusive, non-transferable, limited license without fees to
>
> (a) reproduce and use internally the Software for the purposes of
> developing or running an OpenSolaris distribution.
>
> (b) reproduce and distribute the Software (and also portions of Software
> identified as Redistributable in the documentation accompanying Software),
> provided that you (i) distribute the Software or Redistributables bundled
> as part of, and for the sole purpose of running, OpenSolaris code;
> (ii) do not remove or alter any proprietary legends or notices contained
> in or on the Software or Redistributables, (iii) only distribute the
> Software or Redistributables subject to a license agreement that protects
> Sun's interests consistent with the terms contained in this Agreement,
> and (iv) you agree to defend and indemnify Sun and its licensors from and
> against any damages, costs, liabilities, settlement amounts and/or
> expenses (including attorneys' fees) incurred in connection with any claim,
> lawsuit or action by any third party that arises or results from the use
> or distribution of any and all Programs, Software, or Redistributables.
>
>
> Someone that claims "IAAL" needs to help with thorny issues such as
> definition of "OpenSolaris code" and the risks associated with section
> 5 (Term and Termination).
>
> ___________________________________________
>> Developer mailing list
>> Developer at lists.illumos.org
>> http://lists.illumos.org/m/listinfo/developer
>>
>
>
>
I am NOT a lawyer, I have, however, graduated in Business Administration and
have some founding in property rightss.

As Mike Geerdts wrote, one difficulty lies in section 2 of the license:

2. Permitted Uses.

[...]

(b) reproduce and distribute the Software (and also portions of Software
identified as Redistributable in the documentation accompanying Software),
provided that you (i) distribute the Software or Redistributables bundled
as part of, and for the sole purpose of running, OpenSolaris code;

[...]

The part relevant is, imo, 2b i: ... as part of [...] OpenSolaris code.
According to http://hub.opensolaris.org/bin/view/Main/trademark_faq,
OpenSolaris in a trademark of Sun, Inc.

- From http://hub.opensolaris.org/bin/view/Main/trademark follows (under Names
of the official binary and unmodified distributions), that**

"Sun has named the official binary distribution OpenSolaris. If you
redistribute this official binary distribution from the OpenSolaris Community
without any modifications (no sub-setting, no super-setting) under a binary
license that allows you to do so, you do not need to change the name. If you
construct the distribution out of a different set of packages, however, you
may not use OpenSolaris for the name of the entire distribution."
**
So, arguing that Illumos is a modification of OpenSolaris codebase, one may
not use the term OpenSolaris for Illumos. Arguing further, that Illumos is
not OpenSolaris, it is not permitted to bundle the compiler with Illumos.
Also, the purpose of the compiler is to compile Illumos, so it's "sole
purpose" is to run code other than OpenSolaris code, i.e., Illumos code.

One could use a construction to bundle the compiler with, say, b_134, BUT,
then, the license allows internal usage to

(a) reproduce and use internally the Software for the purposes of developing
or running an OpenSolaris distribution.

Again, one can argue that Illumos is not OpenSolaris (cf. above).
I am not very familiar with specifically US trademark law, which is the core
issue here, but I strongly advise against redistributing the Sun compiler,
especially for the purpose of building a "competitor" to
Sun/Oracle software.

Christopher


- -- 
Christopher J. Ruwe
cjr at cruwe.de
Timezone CEST = GMT + 2h
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