Followup on Exhibit B licences

Timothy McIntyre tmcintyre at
Wed Mar 7 17:18:09 UTC 2007

My comments inline, below:

Lawrence Rosen wrote:
> Timothy McIntyre wrote:
> Wherever software distribution is mentioned in the license, we added 
> the phrase "or otherwise makes available," in order to cover passive 
> types of distribution, such as with ASPs.  This modification to the 
> MPL also appears in the CDDL.
> I'm curious why you believe that the phrase "or otherwise makes 
> available" is sufficient to plug the ASP loophole and to require that 
> the source code of /internal/ modifications of licensed software must 
> be disclosed simply because the software is accessed over a network? 
> Is that phrase clearly defined in the CDDL? Or is there some commonly 
> understood meaning that is found in legal authorities? Your 
> interpretation may be surprising to Sun (who owns the CDDL) and its 
> customers, who probably do not expect that CDDL-licensed software is 
> subject to an ASP provision. Perhaps one of Sun's attorneys here can 
> clear this up.
According to Sun's own explanation of the CDDL, "[w]herever software 
distribution is mentioned, [we] added the phrase "or otherwise makes 
available" to cover passive types of distribution, such as with ASPs."  
This explanation is posted on their website at


Timothy McIntyre // Corporate Counsel
Terracotta // Open Source Clustering for Java

tel: 415.738.4014
fax: 415.738.4099

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