On Fri, 05 Dec 2003 13:06:36 -0800, Erik A. Espinoza wrote: > > The GPL does not override service licence agreements either. Meaning, that > > while you could copy the software freely, you are not permitted to install > > and run the product on more than the purchased number of licenced > > machines. Doing so would be in violation of your SLA. > > > GPL Section 4 > 4. You may not copy, modify, sublicense, or distribute the Program > except as expressly provided under this License. Any attempt > otherwise to copy, modify, sublicense or distribute the Program is > void, and will automatically terminate your rights under this License. > However, parties who have received copies, or rights, from you under > this License will not have their licenses terminated so long as such > parties remain in full compliance. > > Wouldn't the SLA be in violation of my rights to the code? The GPL does not cover running a piece of software, in particular not running software that is tied to a support contract. The GPL does not override the SLA, so that you could run the software on more machines than you have a licence for [*]. If you do, it can terminate your support contract, not your rights in the source code. You'd lose the support, not the GPL. Imagine someone would purchase one licence, run the software on 10 machines and then call support more often than with issues on just the single licenced machine. The GPL gives you the right to copy, modify, and distribute the source code of the software. If the software is given away in binary form (provided that it is permitted to do so), the GPL covers the recipient's rights in getting access to the source code. Illegal sublicencing attempts would be something like trying to restrict your rights in the source code, trying to combine GPL'ed code with proprietary code, not wanting to give away the source code,... [*] A common example is, consider a GPL'ed software in unmodified form which requires a serial number before it can be installed/started. You would not be allowed to give away a purchased serial number just because you're allowed to distribute the GPL'ed software. -- Or imagine you'd purchase a personalized copy of the software in binary form. The GPL does not cover whether you're allowed to redistribute that personalized binary version. -- Another example where you don't lose the rights in the source code is if the vendor's licence agreement for the GPL'ed software said "warranty void if modified". -- This has been discussed several times on some of the @redhat.com lists, but might be non-trivial to find in the list archives.
