Followup on Exhibit B licences

Matthew Flaschen matthew.flaschen at
Wed Mar 7 18:36:10 UTC 2007

Timothy McIntyre wrote:
> 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 

Thanks for posting that.  Interestingly, they don't mention it rationale
in the CDDL FAQ for OpenSolaris
(, which would be
a pretty big omission since I think OpenSolaris is used quite often for
network servers.  Perhaps they've turned away from that interpretation?

Matthew Flaschen

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