On Tue, Dec 21, 2004 at 01:20:41PM -0500, Lew Bloch wrote:
"O'Neill, Donald \(US - Deerfield\)" :
I just came back from RH300 training..$2400. Passed the RHCE.. I'm
selling the course material they gave us.. It includes 14 chapters plus
labs..
I'm sure enough RH employees are watching this list that if "O'Neill, Donald \(US - Deerfield\)" is wrong, they'll tell him.
They are aware of this auction and I'm surprised that eBay hasn't yanked the auction yet. As I understand it, this is a violation of the copyrights on the materials.
I know at least 2 Red Hat instructors follow taroon-list (Hi Steve & Chuck!). I don't know if they follow redhat-list as well.
For the rest of you, you should be aware that the RHCE is a privilege,
not a right, and Red Hat does have the power to yank your certification
if you violate any Red Hat training copyrights:
"Should Participant violate any of Red Hat's copyrights or should
Participant be a party to use or distribution of training materials that
violates Red Hat's copyright, this Agreement will immediately terminate,
and Participant may be subject to other civil claims."
That's section 6 in https://www.redhat.com/training/certification/rhce/logos/
Yup, if you bought this to get your RHCE, you could potentially be stripped of the RHCE honor.
Well using the logos is one thing. Selling material which is not bound by the RHCE agreement is another. This directly from the agreement.
6. Copyright of Red Hat Training Materials
Participant acknowledges that Red Hat owns all intellectual property rights in any training materials or Student Kit(s) Participant received in a Red Hat training course and that such materials are copyright © Red Hat, Inc., and may not be photocopied or reproduced for any purpose without written permission from Red Hat, Inc. Should Participant violate any of Red Hat's copyrights or should Participant be a party to use or distribution of training materials that violates Red Hat's copyright, this Agreement will immediately terminate, and Participant may be subject to other civil claims.
The copyright protects Red Hat's material which only means that someone purchasing them can not make copies in any form. Selling the original copy is not expressly forbidden in the agreement unless it contains anything from this article:
5. Confidentiality
Participant agrees that the integrity of the Certification and fairness to all current and future students depends on the confidentiality of the content of the Red Hat Certified Engineer Exam, including the hands-on lab and written answer portions. Participant agrees to keep all content, questions, and answers of the Red Hat Certified Engineer Exam confidential. Participant will not share this information, either from memory or from notes, with any other parties, nor will Participant post information about the content of the labs or written questions or answers to the Internet or otherwise distribute information about the content of the Red Hat Certified Engineer Exam. Participant's continued compliance with this Confidentiality provision is a condition to the rights granted Participant under this Agreement, and any breach of that Confidentiality provision will immediately terminate this Agreement and may subject Participant to other civil claims.
Above it mentions the labs and exam, but makes no mention of the study kit, and the study kit is a seperate definition from the exam in the definitions section. Basically the entire agreement can be read here:
https://www.redhat.com/training/certification/rhce_terms.html
Anyways, the best thing is for one to always check with RH if they have any questions, and for them to read the agreement and decide for themselves whether they are within the limits of the law and the agreement.
Personally I can not find anything forbidding the original poster from selling his study guide. He can not sell his notes however as this is forbidden in the agreement, and if he has written on the material, then he could be in the wrong, however, I think it's up to Red Hat, and no other entity to keep any person from selling their material.
As for E-Bay, they have no reason to pull the auction if it is perfectly legal, and per the agreement, unless he has written on his study kit, or is including his own personal notes from the hands on labs or exam it should be perfectly fine for him to sell certain things.
Red Hat may change this in the future, or they may make some type of claim on this issue, but I think we should let them decide, and not spend so much personal time arguing over their or anyone elses legal matters.
I feel we certainly should not be personally attacking one another on issues of this nature. That's what lawyers and courts are for, which in my opinion are far over used, and my opinion is that Red Hat is pretty humble in their usage of these legal devices. They are after all built on top of many others works, which I add they publically offer their praise.
Wade
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