"Alfred M. Szmidt" wrote: > > Hey GNUtians dak, ams, ciaran, et al, would one of you please drop a > hardcopy (very hard one) of RHAT's subscription agreement on RMS' head. > Thank you very much in advance. > > A subscription agreement (paying for a service to get continuous > updates on something) is not the same as a patent or copyright license > fee. So there is no reason to drop anything on Richard's head.
Hey ams, I'm talking about RHAT edition of "freedom 0". Can you grok that RHAT edition of "freedom 0" doesn't begin until a year later after contract end? Extra "Systems on which Customer installs or executes the Software" aside for a moment, with a one year contract, RHAT will have one year AFTER that contract ends to come to you and collect $$$ (damages extra including) for your ability to *run* the software, even if you don't take any service from RHAT. Quoting Red Hat's Subscription Agreement: <quote> The term "Installed Systems" means the number of Systems on which Customer installs or executes the Software. The term "System" means any hardware on which the Software is installed, which may be, without limitation, a server, a work station, a virtual machine, a blade, a partition or an engine, as applicable. The initial number of Installed Systems is the number of copies of the Software that Customer purchases. </quote> Note that "Software" is contractually defined term. <quote> The term "Software" means the subscription </quote> Now, since it's just impossible to install and execute on a computer a *subscription* (a legal arrangement for providing software), they must mean software (not Software) in the definition of "Installed Systems". And here's the hammer: <quote> If Customer wishes to increase the number of Installed System, then Customer will purchase from Red Hat additional Services for each additional Installed System. During the term of this Agreement and for one (1) year thereafter, Customer expressly grants to Red Hat the right to audit Customer's facilities and records from time to time in order to verify Customer's compliance with the terms and conditions of this Agreement. Any such audit shall only take place during Customer's normal business hours and upon no less than ten (10) days prior written notice from Red Hat. Red Hat shall conduct no more than one such audit in any twelve-month period except for the express purpose of assuring compliance by Customer where non-compliance has been established in a prior audit. Red Hat shall give Customer written notice of any non-compliance, and if a payment deficiency exists, then Customer shall have fifteen (15) days from the date of such notice to make payment to Red Hat for any payment deficiency. The amount of the payment deficiency will be determined by multiplying the number of underreported Installed Systems or Services by the annual fee for such item. If Customer is found to have underreported the number of Installed Systems or amount of Services by more than five percent (5%), Customer shall, in addition to the annual fee for such item, pay liquidated damages equal to twenty percent (20%) of the underreported fees for loss of income and administration costs suffered by Red Hat as a result. </quote> 10Q: <quote> Our subscription-based contract model may encounter customer resistance. The subscription agreement used for many of our products, including Enterprise Linux, requires customers to agree to a subscription for our services for each installed system on which they deploy our subscription based products. At the same time, the subscription agreement places no restriction on the customers right to redistribute the products. While we believe this practice complies with the requirements of the GNU General Public License, and while we have reviewed this practice with the Free Software Foundation, the organization that maintains and provides interpretations of the GNU General Public License, we may still encounter customer resistance to this distribution model. To the extent we are unsuccessful in promoting or defending this distribution model, our business and operating results could be materially and adversely affected. </quote> regards, alexander. _______________________________________________ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss