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Re: Is the GPL all encompassing?
From: |
Alexander Terekhov |
Subject: |
Re: Is the GPL all encompassing? |
Date: |
Wed, 24 Sep 2008 22:42:43 +0200 |
Rahul Dhesi wrote:
[...]
> source is free. RedHat charges for its RedHat Network, through which it
Yeah. Red Hat.
http://www.redhat.com/f/pdf/partners/subscription_center/RedHat_Subscription_Center_Guide_na.pdf
-----
Red Hat Subscription Agreement
Subscription agreements are the cornerstone of our business and are
required to:
Provide access to our software offerings
Set forth the appropriate service level agreements over time
Recognize revenue, collect cash, and maintain our business model
Ensure the appropriate open source license (General Public License
(GPL) based End User License Agreement (EULA)) is transferred to the
client
Minimize legal risks to Red Hat
Red Hat Subscription Terms
Installed System
Customer agrees to pay Red Hat the applicable subscription fees for
each Installed System.
An "Installed System" means a system on which the Customer installs
or executes all or a portion of Red Hat software (may be a server
-----
http://ccbn.10kwizard.com/xml/download.php?repo=tenk&ipage=5210480&format=PDF
-----
Our subscription-based contract model may encounter customer
resistance or we may experience a decline in the demand for our
products.
The subscription agreement used for many of our products, including
Red Hat Enterprise Linux, requires customers to agree to a
subscription for our services for each installed system on which they
deploy our subscription based products. ... While we believe this
practice complies with the requirements of the GNU General Public
License, and while we have reviewed this practice with the Free
Software Foundation, the organization that maintains and provides
interpretations of the GNU General Public License, we may still
encounter customer resistance to this distribution model. To the
extent we are unsuccessful in promoting or defending this
distribution model, our business and operating results could be
materially and adversely affected.
-----
Does Red Hat impose "further restrictions" on GPL'd code, or not?
Q: The GPL allows charging fees for binaries, only source code must be
available under the GPL at no charge. So what's the problem?
A: You need to contact IBM's legal counsel and set them straight before
they further embarrass themselves: "65. Among the "further restrictions"
that the GPL and LGPL do not permit are royalties or licensing fees (Ex.
27 §§ 2, 3; Ex. 26 §§ 2, 4) (although fees can be collected for "the
physical act of transferring a copy" of the code or for warranty
protection). (Ex. 27 § 1; Ex. 26 § 1.) If modified works or machine-
readable versions of GPL- or LGPL-licensed software are distributed,
they must be licensed "at no charge to all third parties under the
terms of this License." (Ex. 27 § 2 (emphasis added); Ex. 26 § 2; see
also Ex. 27 § 3; Ex. 26 § 4.)" --- REDACTED MEMORANDUM IN SUPPORT OF
IBM'S MOTION FOR PARTIAL SUMMARY JUDGMENT in SCO v. IBM (see Groklaw).
What say you now, Rahul?
regards,
alexander.
--
http://gng.z505.com/index.htm
(GNG is a derecursive recursive derecursion which pwns GNU since it can
be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards
too, whereas GNU cannot.)
- Re: Is the GPL all encompassing?, (continued)
- Re: Is the GPL all encompassing?, Hyman Rosen, 2008/09/24
- Re: Is the GPL all encompassing?, Alexander Terekhov, 2008/09/24
- Re: Is the GPL all encompassing?, Hyman Rosen, 2008/09/24
- Re: Is the GPL all encompassing?, Alexander Terekhov, 2008/09/24
- Re: Is the GPL all encompassing?, Hyman Rosen, 2008/09/24
- Re: Is the GPL all encompassing?, Alexander Terekhov, 2008/09/24
- Re: Is the GPL all encompassing?, Alfred M. Szmidt, 2008/09/24
- Re: Is the GPL all encompassing?, Hyman Rosen, 2008/09/24
- Re: Is the GPL all encompassing?, David Kastrup, 2008/09/24
- Re: Is the GPL all encompassing?, Rahul Dhesi, 2008/09/24
- Re: Is the GPL all encompassing?,
Alexander Terekhov <=
- Re: Is the GPL all encompassing?, Hyman Rosen, 2008/09/24
- Re: Is the GPL all encompassing?, amicus_curious, 2008/09/24
- Re: Is the GPL all encompassing?, Hyman Rosen, 2008/09/24
- Re: Is the GPL all encompassing?, Alexander Terekhov, 2008/09/24
- Re: Is the GPL all encompassing?, Hyman Rosen, 2008/09/24
- Re: Is the GPL all encompassing?, amicus_curious, 2008/09/24
- Re: Is the GPL all encompassing?, Hyman Rosen, 2008/09/24
- Re: Is the GPL all encompassing?, amicus_curious, 2008/09/24
- Re: Is the GPL all encompassing?, Rahul Dhesi, 2008/09/24
- Re: Is the GPL all encompassing?, Alexander Terekhov, 2008/09/24