[ale] Red Hat and the GPL

[James P. Kinney III]

On Fri, 2003-12-12 at 17:20, Bob Toxen wrote:
> On Fri, Dec 12, 2003 at 08:38:26AM -0500, Chris Ricker wrote:
> > On Fri, 12 Dec 2003, Bob Toxen wrote:
> 
> > > You're missing my point.
> 
> > > Entwining "stuff" with GPL'ed code makes the result GPL'ed according
> > > to the GPL.  ***THIS*** is why I think that Red Hat's action and licensing
> > > is improper.  The GPL goes "out of its way" to explain this.
> 
> > And where has this been done? You're trying to claim that throwing GPL'ed 
> > code on a CD somehow magically makes that entire CD image GPL'ed. It 
> > doesn't. The GPL is not that powerful -- no license is.
> 
> Actually, the GPL IS that powerful and that IS what happens.

3 files are on a CD. One file is a binary that is closed, proprietary,
non-redistributable as spelled out in the license paperwork. The other
two file are the source and binary of a GPL worked. The mere presence of
the GPL'ed files on the CD does not make the proprietary file suddenly
become GPL'ed. 

>   This is how.
> Under U.S. (and international) copyright law one MAY NOT make copies of
> copyrighted material without the permission of the copyright owner.

The GPL _is_ the license that the copyrighted source code is distributed
with. 
 
> The copyright owner may charge any amount of money or impose any
> conditions before someone is allowed to make copies.  (This also what gives
> Microsoft to impose the outrageous conditions on its EULA, such as random
> audits, etc.  In this case Microsoft DOES hold the copyright to the code.)
> 
> If someone makes copies without permission they're looking at fines that
> can be $250,000 per copy. 

The GPL grants permission to make copies of the copyrighted works.

>  The GPL says that if you mix other "stuff"
> in with GPL'ed code in a way that is not easily separated then it all
> becomes GPL'ed.  (Separating Red Hat's trademarks is MANY hours of work --
> I did it for a client.)

RedHat realized this was a problem, not from a GPL issue but from a
trademark issue. So they did the work and separated the Trademarked art
from the GPL'ed software. This is part of the reason for the dropping of
support for prior releases in order to protect their trademark.

>   If the entity mixing does not agree to this then
> they are in violation of Federal copyright law.  It's actually black and
> white.  I quoted the applicable sections of the GPL in my original post
> as well as the URL of the GPL.  You may find reading it to be enlightening.
> 
> > > The GPL also says that one cannot place additional restrictions on anyone
> > > who receives GPL'ed code via them.  Thus "per system" and "per seat"
> > > licensing and fees of GPL'ed code (such as Linux) are not valid.
> 
> > And again, no one's done that.
> 
> Red Hat's putting restrictions on the GPL'ed code received via the RHN
> or on the Enterprise Edition, if it places ANY restrictions on subsequent
> distribution or copying, IS in violation of the GPL.

There are no restrictions on the RHN code other than those in the GPL.
The restriction is to the site itself. The trademarked art package is
not on the web site, nor is it anywhere but the official CD's and ISO
images.
> 
> 
> If you don't agree, well, neither of us are lawyers so less just agree
> to disagree and let the matter rest.
> 
> > later,
> > chris
> 
> Bob
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-- 
James P. Kinney III          \Changing the mobile computing world/
CEO & Director of Engineering \          one Linux user         /
Local Net Solutions,LLC        \           at a time.          /
770-493-8244                    \.___________________________./
http://www.localnetsolutions.com

GPG ID: 829C6CA7 James P. Kinney III (M.S. Physics)
<jkinney at localnetsolutions.com>
Fingerprint = 3C9E 6366 54FC A3FE BA4D 0659 6190 ADC3 829C 6CA7
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