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Re: GNU licenses

From: Alexander Terekhov
Subject: Re: GNU licenses
Date: Wed, 06 Sep 2006 16:54:00 +0200

David Kastrup wrote:
> Not at all, since they don't prohibit copying software, but rather
> refuse servicing such copies.  

Uh, lazy retard dak. Quoting Red Hat's Subscription Agreement:


The term "Installed Systems" means the number of Systems on which
Customer installs or executes the Software. The term "System" means any
hardware on which the Software is installed, which may be, without
limitation, a server, a work station, a virtual machine, a blade, a
partition or an engine, as applicable. The initial number of Installed
Systems is the number of copies of the Software that Customer purchases.


Note that "Software" is contractually defined term. 

<quote> The term "Software" means the subscription </quote>

Now, since it's just impossible to install and execute on a computer a 
*subscription* (a legal arrangement for providing software), they must 
mean software (not Software) in the definition of "Installed Systems".

And here's the hammer:


If Customer wishes to increase the number of Installed System, then 
Customer will purchase from Red Hat additional Services for each 
additional Installed System. During the term of this Agreement and for 
one (1) year thereafter, Customer expressly grants to Red Hat the right 
to audit Customer's facilities and records from time to time in order to 
verify Customer's compliance with the terms and conditions of this 
Agreement. Any such audit shall only take place during Customer's normal 
business hours and upon no less than ten (10) days prior written notice 
from Red Hat. Red Hat shall conduct no more than one such audit in any 
twelve-month period except for the express purpose of assuring compliance 
by Customer where non-compliance has been established in a prior audit. 
Red Hat shall give Customer written notice of any non-compliance, and if 
a payment deficiency exists, then Customer shall have fifteen (15) days 
from the date of such notice to make payment to Red Hat for any payment 
deficiency. The amount of the payment deficiency will be determined by 
multiplying the number of underreported Installed Systems or Services by 
the annual fee for such item. If Customer is found to have underreported 
the number of Installed Systems or amount of Services by more than five 
percent (5%), Customer shall, in addition to the annual fee for such item, 
pay liquidated damages equal to twenty percent (20%) of the underreported 
fees for loss of income and administration costs suffered by Red Hat as a 



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