[ale] Re: Red Hat scare tactics

[James P. Kinney III]

On Fri, 2003-10-17 at 12:46, Michael D. Hirsch wrote:

This is a big part of the reason for the Fedora distribution.

Currently, there are a few rpm packages that glue in the RedHat
trademarked logo's and name around the system. The splash screens on
boot and X startup are the two big ones. There are other locations that
use different RedHat TM'ed logo stuff. All of it gets put in
/usr/share/pixmaps/redhat. It is provided by the package redhat-logos.
Pulling out that package should get rid of all of the RedHat trademarked
stuff. 

That package is also NOT under the GPL:

rpm -qi redhat-logos
Name        : redhat-logos                 Relocations: (not
relocateable)
Version     : 1.1.6                             Vendor: Red Hat, Inc.
Release     : 2                             Build Date: Fri Sep  6
10:05:22 2002
Install date: Tue Oct 15 20:46:53 2002      Build Host:
daffy.perf.redhat.com
Group       : System Environment/Base       Source RPM:
redhat-logos-1.1.6-2.src.rpm
Size        : 1041217                          License: Copyright ?
1999-2002 Red Hat, Inc.  All rights reserved.
Signature   : DSA/SHA1, Fri Sep  6 10:15:28 2002, Key ID
219180cddb42a60e
Packager    : Red Hat, Inc. <http://bugzilla.redhat.com/bugzilla>
Summary     : Red Hat-related icons and pictures.
Description :
The redhat-logos package (the "Package") contains files of the Red Hat
"Shadow Man" logo and the RPM logo (the "Logos").  Red Hat, the Red
Hat "Shadow Man" logo, RPM, and the RPM logo are trademarks or
registered trademarks of Red Hat, Inc. in the United States and other
countries.

See the included COPYING file for information on copying and
redistribution.


> Nope, not to me.  If they distribute an RPM under the GPL then I can 
> redistribute it.  That is what the GPL says.  If they put other things in 
> that I can't redistribute they are violating the GPL.  
> 
> The GPL is a license.  It is a license that is based on copyright law, but it 
> is still a license.  The license says that anyone RH gives the RPM to can 
> redistribute it and restricting that right violates the license.
> 
> So if RH puts trademarked images in the RPM and then says that I can't 
> redistribute the RPM because of trademark law, they have just violated the 
> GPL.  If they want to not violate the GPL they must let me redistribute the 
> RPM.

There is no violation of the GPL in this case since the package that
contains the logo's in not licensed under the GPL. 
> 
> The final argument is that it should make no difference if I recompile the 
> source RPM into a binary.  The resulting binary should be exactly the 
> same--that is part of the value of RPMs, you can reconstruct hem from the 
> source RPM.  So if trademarked images keep me from redistibuting the binary 
> RPM, they should still be there after recompiling the source RPM.
> 
> Note that I'm talking about an RPM, not the entire CD.  Each RPM comes with a 
> license, and if the application in the RPM is GPLed, the RPM, as a derivative 
> work, is also GPLed.  It seems reasonable to me for the CD, as a collection 
> of works, to come with its own license, and possibly it cannot be 
> redistributed freely, but I don't understand the argument for individual 
> RPMs.

As each RPM package displays it license on request (rpm -qi foo), it is
tedious, but easy, to exclude any package with out a redistributable
license like the GPL. RedHat has done an excellent job at making all of
their work on the software GPL'ed. As it should be, they get to retain
bragging rights with their trademarked name and logo. RedHat did not put
those in a license conflicting setting by packaging them under a GPL
license and then disallowing the redistribution. It would be unwise for
them to do so as they have been a major champion, before and after the
IPO/big business venture they are now, of the strength of the GPL. 
> 
> Michael
> 
> _______________________________________________
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> Ale at ale.org
> http://www.ale.org/mailman/listinfo/ale
-- 
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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