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Date: Sun, 8 Jan 2012 20:44:39 +0000 (UTC)
From: "Robert Burrell Donkin (Issue Comment Edited) (JIRA)" <jira@apache.org>
To: legal-discuss@apache.org
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Subject: [jira] [Issue Comment Edited] (LEGAL-121) Update category-b CDDL
 1.0 to include CDDL 1.1
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    [ https://issues.apache.org/jira/browse/LEGAL-121?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=13182290#comment-13182290 ] 

Robert Burrell Donkin edited comment on LEGAL-121 at 1/8/12 8:43 PM:
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Can anyone see any problems adding CDDL1.1 to Category B?
                
      was (Author: robertburrelldonkin):
    Can anyone see any problems adding CDDL1.1 to Category B
                  
> Update category-b CDDL 1.0 to include CDDL 1.1
> ----------------------------------------------
>
>                 Key: LEGAL-121
>                 URL: https://issues.apache.org/jira/browse/LEGAL-121
>             Project: Legal Discuss
>          Issue Type: Question
>            Reporter: Marshall Schor
>
> The current JAXB implementations are licensed under the CDDL 1.1.  The page http://apache.org/legal/resolved.html#category-b says "CDDL 1.0" is on the category-b list, and doesn't say anything about version 1.1.
> Question: Can implementations of JAXB licensed under CDDL 1.1 be considered as Category-b items and distributed with Apache products with suitable notices?  If so, can someone update the category-b page to include the v1.1 of the CDDL license?
> I did a diff of these two licenses and found:
> 1) Sun Microsystems, Inc. (1.0) replaced with Oracle (1.1)
> 2) v1.1 inserts a new section before the old 6.3 section, and renumbers that to 6.4.  The inserted section, new in v1.1 is:
> (1.1): 6.3. If You assert a patent infringement claim against Participant alleging that the Participant Software directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken into account in determining the amount or value of any payment or license.
> 3) v1.1 deletes LOST PROFITS from v1.0:
> UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. 
> 4) v1.1 adds the following near the bottom:
> NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)
> The code released under the CDDL shall be governed by the laws of the State of California (excluding conflict-of-law provisions). Any litigation relating to this License shall be subject to the jurisdiction of the Federal Courts of the Northern District of California and the state courts of the State of California, with venue lying in Santa Clara County, California.
> 5) v1.1 drops this (found at the end of v1.0:)
> As between Initial Developer and the Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License and You agree to work with Initial Developer and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability.  

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