Re: [cobalt-users] Fwd: Re: OSRCD License Agreement

["Steve Werby" <steve-lists@xxxxxxxxxxxx>]

<jale@xxxxxxxxxx> wrote:
> If you successfully defended Phil Zimmerman, the developer of PGP, against
> the DOD, and won, I'd say you probably know more about computer-law than
> most people out there doing this type of law.

Probably.

> My friend did this, and is an
> expert in many areas of software law. Internet is just the method of
> delivery. There is no difference between that and them mailing you the
same
> material on a free CD.

There's no point debating this since I don't know your friend and I'm not
out to thwart your efforts or build my ego by proving you wrong.  I may or
may not have had misconceptions about your anonymous attorney friend, but I
stand by my belief that an issue like this is best handled by someone who
specializes in Internet law since the field is so new, evolving quickly and
differs greatly from many other types of law.  If your friend specializes in
Internet law then I extend my apologies to both of you for any offense you
perceived.

> And I do believe he has a tremendous amount of Internet legal experience.

Perhaps I was mistaken in my assessment.  I thought I read an email you
passed on where your attorney friend made a statement that seemed to
demonstrate a lack of understanding of open source software.

> I trust his opinions tremendously, you can all do what you want with them,
> I am just the messenger.

If you haven't already you may want to pass on a copy of the license.
IANAL, but the following sentence in section 2 might be key.  "Except as
specifically authorized in any Supplemental License Terms, you may not make
copies of Software, other than a single copy of Software for archival
purposes."  As the OS restore CD is essentially worthless without Sun's
proprietary code it appears to me that unless the terms of the preceding
sentence are illegal then distribution of a modified CD containing Sun's
software (not software under GPL and other open source licenses) is a
violation of the license agreement.  You can find the complete license text
by visiting http://wwws.sun.com/software/download/operating_sys.html and
clicking the 2nd link under Sun Cobalt.

--
Steve Werby
President, Befriend Internet Services LLC
http://www.befriend.com/