Then the project should outline that in the distribution, source code and the homepage. I have a call in with the legal department of Sun to clarify this because posting on the project homepage that it uses the BSD license to me is identifying the entire project as a BSD project, not specific parts.
Nearly all open source project hosting sites indicate that you must identify your project's licenses when creating the project. The licenses you select are posted on the project's homepage and apply to the entire project. If you license parts of the project under different licenses, you should not put those licenses on the homepage. By placing the BSD license on the projects homepage, it specifies that the entire project is under that license.
Therefore, I feel that the project is in clear violation of that license. By that reasoning, the project would directly fall under BSD licensing and I would be able to delete all of your copyright and license information in the source, replace them with the BSD license that retains Sun's copyright and use that license without any legal implications.
On the other hand, the CDDL license seems to cover all uses of the libraries binary form and does allow distribution for both open and closed source applications. It also indicates that incorporation for the binary form into a application with a different licensing model is also fine and no additional licenses need to be purchased.
In case other folks are reading this thread, here's how to use the CDDL to distribute JavaMail with your application and charge people for your application:
- The Entitlement allows perpetual, unlimited, distribution for all the JAR files in the JavaMail binary download. This means you can distribute the JARs inside your application forever and any number of times you want. You must NOT modify the JAR files or replace one of the Sun JAR files with your own JAR file. You can also NOT modify the source code and recompile the binary without using the GPL. You must use the JAR files as is and only the JAR files that Sun ships. (i.e. you can't use someone else's IMAP implementation along with the Sun JavaMail JAR file)
- The License stipulates that you can only use the JAR files for internal Commercial Use. Normally this would mean that you would not be able to distribute the JAR files inside your products. However, the License indicates that if your Entitlement allows you other distribution options or permits, it overrides the License. Since the Entitlement for JavaMail expressly allows distribution and commercial uses, the Commercial Use part of the License does not apply.
Based on these two sections, you can ship the JavaMail JAR files with your software that uses a commercial license and allows you to charge a fee for your software without needing to buy anything from Sun.
Of course, I'm not a lawyer and this is not legal advice of any kind, but it will get you started when you talk to a lawyer about all these implications.