Re: RHEL on The Pirate Bay, Mininova, etc

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Daniel de Kok wrote:
On Sun, Mar 23, 2008 at 12:58 PM, Johnny Hughes <johnny@xxxxxxxxxx> wrote:
Daniel de Kok wrote:
 > On Sun, Mar 23, 2008 at 9:17 AM, Stephen John Smoogen <smooge@xxxxxxxxx> wrote:
 >>  RMS and the FSF has said this is not a restriction on the software..
 >>  it is a restriction upon you for getting a compilation and update
 >>  service from Red Hat.
 >
 > But once you have retrieved the compiled package through a
 > subscription, it is governed under the GPL, right? And the GPL does
 > not allow for such restrictions.
 >

 Not at all ...

 You have signed an agreement as to how you will use the software ON YOUR
 machines as long as you obtain software from RHN without paying Red Hat
 for each installation.  There is NO RESTRICTION that you may not charge
 for each copy of GPL software .. it is specifically allowed.

True, but the copy that you retrieved is governed by the GPL, which
gives users certain rights that can not be taken away by additional
contracts (which would void the rights to distribute the software).
The GPL is very explicit about this, and those licensing restrictions
are imposed by the author of the software, and as far as I understand
Red Hat can not modify the licensing terms of others with contracts.
They can only do that for some non-GPL licensed software, and their
own software/artwork.

The FSF has said RHEL meets the requirements if the GPL. Also this is from the FSF FAQ on the GPL:
===
Does the GPL allow me to charge a fee for downloading the program from my site?

Yes. You can charge any fee you wish for distributing a copy of the program. If you distribute binaries by download, you must provide “equivalent access” to download the source—therefore, the fee to download source may not be greater than the fee to download the binary.
===
If I use a piece of software that has been obtained under the GNU GPL, am I allowed to modify the original code into a new program, then distribute and sell that new program commercially?

You are allowed to sell copies of the modified program commercially, but only under the terms of the GNU GPL. Thus, for instance, you must make the source code available to the users of the program as described in the GPL, and they must be allowed to redistribute and modify it as described in the GPL.

These requirements are the condition for including the GPL-covered code you received in a program of your own.
=============================================================

But they are not taking away any rights, you may distribute (the GPL portions) however you want. You may use it however you want. They are just charging for each copy.

You also brought up the redhat-logos rpm, with is NOT GPL. That particular RPM is required for system operation and they certainly can charge for each copy of that rpm that is run.

Of course, just using CentOS (or Scientific Linux, WBEL) will free you up from that payment issue anyway :D

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