vivek khurana wrote:
> 
>>I think certain trademark and other contractual
>>obligations also ensure
>>that you cannot even copy a RHEL distribution for
>>your own use(not just
>>redistribution). In other words, you can only
>>install RHEL on the number
>>of machines you have licence for.
> 
> 
>  As far as i am told by redhat executives, if you
> install redhat on more machines than you have licence
> for; redhat will support only those machines which
> have licence. That means extra machines will not be
> supported by redhat. 
> 

http://www.onlamp.com/pub/a/onlamp/2005/06/30/esr_interview.html?page=last&x-showcontent=text

[...]

[Q] But Red Hat doesn't release all of its software as open source.

[ESR] I believe they make their real money on a product (Red Hat
   Enterprise Linux) that is completely GPLed. If you know differently,
   can you tell me what other licenses they are using?

[Q] It seems that Red Hat is selling its GNU/Linux distribution under a
   sort of user license that limits the freedom No. 2 provided by the
   GPL. The short version of the story, as I was told, is that if I buy
   a CD/DVD with the last Red Hat version and I make an ISO from that
   and put that online, I'll get sued.

   The same thing happens with
   computer magazines. They cannot include any Red Hat CD because the
   term Red Hat is a trademark or something like that, and they don't
   let the magazine use it without permission. And obviously they don't
   give you that permission. Magazines must use Fedora and never say Red
   Hat.

[ESR] Excuse me while I fire up a browser and research this a bit...
   Ahhh... right, if you republish a RHEL CD in either form, you could
   get sued for illegal use of the embedded trademarks. I think I just
   found the user license in question.

   So the answer to your question is yes... Red Hat is a demonstration
   that you can have a profitable business based on entirely GPL code.
   You may have to play some interesting tricks with trademark law to do
   it, though. As I understand it now, what Red Hat has done is legally
   blocked republication of its entire RHEL distribution even though any
   component part is still GPLed and therefore freely redistributable.

   Damn, that's clever and sneaky. I like it. It serves everybody: Red
   Hat gets a fence around its product, but all the community objectives
   of open source licensing are still met.

[Q] Do you consider this behavior coherent?

[ESR] Yes. It makes logical and even ethical sense.

[Q] Isn't one of the community objectives of open source licensing the
   possibility to share the code? So how can the fact that every single
   piece is still under GPL and thus redistributable, but if I take the
   whole CD/ISO it will be covered by the US trademark laws, be
   acceptable?

[ESR] That's the beauty of it. The possibility of sharing the code is
   unaffected--what you can't "share" is Red Hat's integration work and
   branding.



-- 
Sandip Bhattacharya  *    Puroga Technologies   *     [EMAIL PROTECTED]
Work: http://www.puroga.com  *   Home/Blog: http://www.sandipb.net/blog

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