For Approval: Common Development and Distribution License (CDDL)

[Chuck Swiger]

Claire Giordano wrote:
> Please consider the attached license (text form attached) for OSI review 
> and approval.  It is called the Common Development and Distribution 
> License (CDDL).

Hi, Claire--

Thanks for submitting this license.

>     1.4. "Executable" means the Covered Software in any form other
>          than Source Code.
[ ... ]
>     1.12. "Source Code" means (a) the common form of computer software
>           code in which modifications are made and (b) associated
>           documentation included in or with such code.

The definition for source code is entirely reasonable; the definition for 
"executable" strikes me as mildly non-intuitive. [1]

However, since the main purpose of that definition is to oblige people to also 
release the source code in its preferred form if they release the software in 
a modified or compiled form (such as on a T-shirt :-), I do not regard this as 
a problem, nor would this affect compliance with the OSD.

-----
[1] One canonical test is what happens if I put the source code to the 
software on a T-shirt.  The CDDL defines doing so as producing an "executable".

[ ... ]
>     6.4. In the event of termination under Sections 6.1 or 6.2 above,
>     all end user licenses (excluding distributors and resellers) that
>     have been validly granted by You or any distributor hereunder
>     prior to termination (excluding licenses granted to You by any
>     distributor) shall survive termination.

So up to this point, the CDDL appears to be well-crafted, internally 
consistent, and it covers several important aspects of patent interactions and 
termination in a fashion which follows the OSD.

However, I am not sure about discriminating against end-users who are 
distributors or resellers here in 6.4.  I'd invite others to evaluate this 
area carefully and provide more feedback for you and the OSI board.

[ ...end of section 9... ]
>     Any law or regulation which provides that the language of a contract
>     shall be construed against the drafter shall not apply to this License.

This section also caught my attention.  If an end-user resides in a country 
which requires all licenses/contracts to be written in French, I do not 
believe this disclaimer is going to override that local law.  I don't know 
what that would mean, but I suspect you ought to consider that case rather 
than relying on this assertion alone.

Also, if the intent of this disclaimer was broader in scope, well, laws and 
regulations apply to people regardless of whether they have a piece of paper 
which says otherwise.  For example, perhaps I might write a contract with my 
wife which states "Any law or regulation which prohibits homicide or matricide 
shall not apply to the drafter of this Contract".  Even if my wife signs it, 
however, I do not suddenly gain a get-out-of-jail-free card for killing my 
pesky mother-in-law. [1]

Other than my concern about section 6.4, I would recommend approval.

-- 
-Chuck

[1]: If I were married, that is, and had a pesky mother-in-law.
      (I'm not and I don't, respectively)