Re: RedHat, Fedora, and the Future of Life as We Know it

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On Fri, 26 Sep 2003, Joe wrote:

> Kevin Waterson wrote:
>
> >This one time, at band camp, "Rodolfo J. Paiz" <rpaiz@xxxxxxxxxxxxxx> wrote:
> >
> >
> >
> >
> >>What part of "IT IS NOT LEGAL FOR THEM TO INCLUDE MP3 SUPPORT" do you not
> >>understand? Or is it that you actively support companies who wilfully break
> >>the law? Please, clear me up here.
> >>
> >>
> >
> >
> >What sort of crap is this?
> >Of course it is legal, you simply pay a fee the appropriate company like any
> >OS you have pay dollars for.
> >
> So you suggest they pay a fee for each copy of redhat/fedora linux
> installed? How would they track that if anyone can download isos and
> install the os on as many machines as they like? Clearly, it would only
> make sense to pay such a fee if rhl were no longer free.

The other side of this issue is the provision in the GPL regarding patents
and other obligations applied to GPL and LGPL software, to wit:

  For example, if a patent license would not permit royalty-free
  redistribution of the Library by all those who receive copies directly
  or indirectly through you, then the only way you could satisfy both it
  and this License would be to refrain entirely from distribution of the
  Library.

So it is not legal *under the GPL* to distribute the MP3 libraries for
GPL'ed software such as xmms.  Some repositories may choose to ignore this
provision; they are technically in violation of the GPL.  But it is
incumbent on Red Hat, whose business is founded on GPL'ed software, to
respect those provisions of the license.  If you believe in the power of
Open Source licenses, then you need to respect that decision.

Now, other sources (or even Red Hat, if they chose) could legally sell MP3
decoders for Linux (under a license that respects the patent conditions)
and pay the royalties.  Such packages could not be redistributed and (for
that reason) could not be considered Open Source (or "free-as-in-speech").

-- 
		Matthew Saltzman

Clemson University Math Sciences
mjs AT clemson DOT edu
http://www.math.clemson.edu/~mjs


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