Re: Red Hat CEO: Go Ahead, Copy Our Software

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On 08/16/2013 01:27 PM, Les Mikesell wrote:
> On Fri, Aug 16, 2013 at 1:17 PM, Ian Pilcher <arequipeno@xxxxxxxxx> wrote:
>> On 08/16/2013 12:45 PM, Les Mikesell wrote:
>>> What about permitting redistribution?  And if losing your RHN support
>>> as a consequence isn't a restriction that the "You may not impose any
>>> further restrictions on the recipients' exercise of the rights granted
>>> herein."  covers, then what kind of restriction could that clause
>>> possibly mean?
>>
>> RHN support is not a right granted by the GPL.
> 
> The GPL works by taking away the rights it grants if you violate the
> specified terms.  Not adding further restrictions is one of those
> terms.   How is that not a "further restriction"?  Or if it isn't,
> what would be?
> 

The word "herein" in the GPL snippet above is significant.  The GPL does
not allow further restrictions of "the rights granted herein" -- i.e.
the rights granted by the GPL.  Since RHN access (and other benefits of
a Red Hat subscription) are not granted by the GPL, restrictions of
*those* benefits are not relevant to this provision of the GPL.

You're obviously free to disagree with this interpretation of the GPL,
but I know of no case law which supports such a position.

-- 
========================================================================
Ian Pilcher                                         arequipeno@xxxxxxxxx
Sometimes there's nothing left to do but crash and burn...or die trying.
========================================================================

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