[ale] Linspire

[Steve Hamlin]

The restrictions that provide for no redistribution of the Linspire install
CD probably do not contravene the GPL.

SuSe, OpenBSD and others have the same restrictions on their ISOs, and
RedHat had/has something similar (a bit less restrictive).

To wit:  while most or all of the individual software in the CD is GPL, the
arrangement of that software and the preparation of the ISO constitutes
copyright on the ISO itself.

So I can create a new GNU/Linux-based OS, create an install CD, and then
prevent redistribution of that install CD.

I can claim copyright on:
 - the ISO arrangement itself (OpenBSD),
 - on my proprietary software that is included with the install CD (SuSe's
YAST, Linspire CnR, installers),
 - on other proprietary material on the CD (RedHat's icons/images)

I am only obligated to make available to recipients, the source of any Free
software included in the install CD, whcih they can then re-distribute under
the terms of that license (GPL, BSD, etc).  However, I am not obligated to
give recipients re-distribution rights for any other copyrights that cover
the totality of the install CD (copyright on the YAST documentation, or
included Adobe Acrobat Reader) , which might prevent re-distribution of the
ISO (but not the individual GPL software that makes up 95% of the CD).

 - Steve


On 3/22/06, Bob Toxen <transam at verysecurelinux.com> wrote:
>
> On Tue, Mar 21, 2006 at 07:49:15PM -0500, James P. Kinney III wrote:
> > I picked up PowerSpec machine from Microcenter today to wipe and install
> > something other than Linspire. But I thought I'd look at it before I
> > plopped in my boot disk.
> >
> > The EULA from Linspire has do not modify and redistribute phrasing in it
> > in direct violation of the GPL that 99.99% of Linspire is based on.
> Linspire is doing the same thing that Red Hat has done.  Both are
> very likely legally unenforceable.  (One cannot impose conditions on
> text that someone else holds the copyright to.  The only possible
> avenue for a suit would be claiming that their combination is a
> proprietary Trade Secret even though the GPL makes clear the copyright
> owner.)
>
> Violating either Linspire's or Red Hat's claims will very likely not
> result in either company winning a lawsuit.  However, I don't have
> the budget to fight either but neither are they likely to sue.
>
> > --
> > 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
>
> Bob Toxen
> bob at verysecurelinux.com               [Please use for email to me]
> http://www.verysecurelinux.com        [Network&Linux/Unix security
> consulting]
> http://www.realworldlinuxsecurity.com [My book:"Real World Linux Security
> 2/e"]
> Quality Linux & UNIX security and SysAdmin & software consulting since
> 1990.
>
> "Microsoft: Unsafe at any clock speed!"
>    -- Bob Toxen 10/03/2002
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