Can I resell CDDL software?

Question

After reading the Common Development & Distribution License (CDDL), it's unclear to me if I can sell/resell software that is licensed under CDDL.

Meaning, if software XYZ is available for download and licensed under CDDL, can I:

1. Rebrand the software and sell it as-is
2. If I can sell it, if I modify the source code, do I have to contribute back the code changes I made?

Answer 1

I'm no lawyer but since Oracle (new owner of Sun) sues Google over Java and Java is under CDDL, it seems that the likely answers are:

1. No.
2. Yes.

Answer 2

Rebrand the software and sell it as-is

Yes. Free and open source software licenses, as defined by the Free Software Foundation and Open Source Initiative, all allow rebranding the software and selling it as-is.

If I can sell it, if I modify the source code, do I have to contribute back the code changes I made?

Yes, you must release the source code for the changes you make. The CDDL is a copyleft license, which means that you need to release any changes you make under the same license.

From the license:

Any Covered Software that You distribute or otherwise make available in Executable form must also be made available in Source Code form and that Source Code form must be distributed only under the terms of this License.

(note: I am not a lawyer and this is not legal advice)