Re: [CentOS] RHEL on The Pirate Bay, Mininova, etc

2008-03-25 Thread Scott R. Ehrlich
Let's not forget one fundamental fact - can you easily download RHEL from 
Redhat's site?  If yes, then it was meant to be publicly distributed.  If 
no, it was not, and such copies should not be trusted.


My philosophy - if you cannot obtain a copy of what you want from the 
original vendor/provider, or authorized redistributor, then the copy 
obtained simply cannot be trusted.


Scott
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Re: [CentOS] RHEL on The Pirate Bay, Mininova, etc

2008-03-23 Thread Stephen John Smoogen
On Sat, Mar 22, 2008 at 7:31 PM, Johnny Hughes [EMAIL PROTECTED] wrote:
 Stephen John Smoogen wrote:
   On Sat, Mar 22, 2008 at 4:52 PM, Johnny Hughes [EMAIL PROTECTED] wrote:
  
=
  
The rest is available for review at the linked address ... but it is
very clear that if you have any RHEL subscriptions, then you must pay
for them all.
  
How one could read that any other way is beyond me.
  
  
  
   The usual idea is that because its Free Software you can't restrict
   it in anyway... and that the 'Freedom' trumps any other license or
   agreement. And I will bet that if you have enough money, there will be
   lawyers who will come up with ways to argue that is a valid
   interpretation.. and will argue it over and over again as long as you
   have money.

My wording of the above was poor. I in no way think that those people
have a valid argument. I have just heard the argument enough times to
recite it on the whole, you can't impose additional restrictions blah
blah blah, without them understanding the fine 'line' of what that
means or where it is enforced.

  
  

  If you enter into a legally binding contract, then you waive your rights
  as specified in the contract.  I mean, it is not against the law to by
  parts from Jim's hardware store ... but if John promises to give you a
  30% discount if you sign an exclusivity deal that he provides all your
  parts, and then you still buy parts from Jim, you are violating the
  contract.  If the contract that you signed specifies a penalty for
  violation, then you will incur the penalty.

  If you don't like the contract, use SUSE or Ubuntu or Fedora or CentOS
  or any number of other distros ...





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How far that little candle throws his beams! So shines a good deed
in a naughty world. = Shakespeare. The Merchant of Venice
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Re: [CentOS] RHEL on The Pirate Bay, Mininova, etc

2008-03-23 Thread Stephen John Smoogen
On Sat, Mar 22, 2008 at 8:02 PM, Les Mikesell [EMAIL PROTECTED] wrote:
 Johnny Hughes wrote:
  
   And in this case, the precedents of hundreds years of contractual law
   would have to be overturned. The GPL license covers source code
   access. The RHEL license covers binary access without restricting your
   rights towards source code.
  
   I don't recall any distinction between what you can do with binaries
   and source mentioned in the GPL beyond the requirement that sources
   must be made available too.  And section 6 (of GPLv2) states explictly
   that You may not impose any further restrictions  Of course not
   all of RHEL is covered by the GPL.
  
  
   They are not imposing any restrictions on the software ... you have
   signed an agreement that as long as you are entitled to get updates from
   RHN that you will not do those things (it is an if/then statement).

  But those things involve restrictions on the software.

I think the problem is that what is thought in these arguments to be a
restriction on the software is not considered a legal restriction on
the software.

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. You are free to give the source code to whoever
you want. Your compilation/update service is not covered under the GPL
and can restrict you as long as Red Hat gives you access to the
software.



It
   is a contract, no one is forcing you to sign it.  If you do sign it,
   then you are obligated to to meet the requirements in it.
  
   If you don't like the conditions, then cancel the subscription and you
   can use their software without updates.

  It's not a matter of liking it or not, I just don't understand how
  someone can distribute software with a license that says as a condition
  of redistribution you can't impose further restrictions along with a
  required contract that imposes further restrictions - regardless of a
  tie-in with a subscription.


   Red Hat is a great open source company, it is because of the way they
   distribute their source code that CentOS can exist.

  No argument there, but restrictions are restrictions.

No they aren't. In law, it all comes down to fine points that do not
make sense in 'colloquial' language. It comes down to the classic
stupid line of it depends upon your definition of 'is' It really
does come down to what the license defines software to be, what it
defines restrictions are, etc. And if the license does not clearly
define it because it is using an existing precedent.. then it is
dependant on that precedent where it is, when it is, etc.



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Re: [CentOS] RHEL on The Pirate Bay, Mininova, etc

2008-03-23 Thread Daniel de Kok
On Sun, Mar 23, 2008 at 2:31 AM, Johnny Hughes [EMAIL PROTECTED] wrote:
  If you enter into a legally binding contract, then you waive your rights
  as specified in the contract.

IANAL I don't think that is possible. According to the GPLv2:

4. You may not copy, modify, *sublicense*, or distribute the Program
except as expressly provided under this License. *Any attempt
otherwise to copy, modify, sublicense or distribute the Program is
void, and will automatically terminate your rights under this License.*
[...]

6. Each time you redistribute the Program (or any work based on the
Program), the recipient automatically receives a license from the
original licensor to copy, distribute or modify the Program subject to
these terms and conditions.  *You may not impose any further
restrictions on the recipients' exercise of the rights granted herein*.
[...]

(Emphasis added.)

The GPL is very explicit that no further restrictions can be imposed on
sources or binaries. So, I guess the Red Hat license as quoted by
Johnny would void their rights to distribute the affected GPL software.
As such, I can only conclude that the quoted Red Hat license applies to
some non-GPL packages.

-- Daniel
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Re: [CentOS] RHEL on The Pirate Bay, Mininova, etc

2008-03-23 Thread Daniel de Kok
On Sun, Mar 23, 2008 at 9:17 AM, Stephen John Smoogen [EMAIL PROTECTED] 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.

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Re: [CentOS] RHEL on The Pirate Bay, Mininova, etc

2008-03-23 Thread Ignacio Vazquez-Abrams
On Sun, 2008-03-23 at 02:17 -0600, Stephen John Smoogen wrote:
 On Sat, Mar 22, 2008 at 8:02 PM, Les Mikesell [EMAIL PROTECTED]
 wrote:
  Johnny Hughes wrote:
They are not imposing any restrictions on the software ... you have
signed an agreement that as long as you are entitled to get updates from
RHN that you will not do those things (it is an if/then statement).
 
   But those things involve restrictions on the software.
 
 I think the problem is that what is thought in these arguments to be a
 restriction on the software is not considered a legal restriction on
 the software.

I think you guys are going about it the wrong way. You're so focused on
the *contents* of the packages that you're missing the packages
*themselves*. Could the signing of the packages be considered a work,
and therefore distribution of said signed packages be a violation of
copyright law?

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Re: [CentOS] RHEL on The Pirate Bay, Mininova, etc

2008-03-23 Thread Johnny Hughes

Daniel de Kok wrote:

On Sun, Mar 23, 2008 at 9:17 AM, Stephen John Smoogen [EMAIL PROTECTED] 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.  And in 
this case, you have signed an agreement on exactly HOW you compensate 
them for the use of their software.


The issue is NOT how you use the software at all ... the issue is HOW 
MUCH YOU WILL PAY RED HAT WHILE YOU DO USE THE SOFTWARE.


You are free to use the software on as many machines as you want, just 
like debain or CentOS or OpenSUSE.


The only thing is, if you use software provided by Red Hat (via RHN), 
you have signed an agreement that you will pay them a subscription fee 
on that computer.


So, yes, you can use the software ... you just must pay them.

NOW, if you modify the software and meet their terms for Redistribution 
(with regards to the packages that they require changing) ... and if you 
 did not get the software from RHN, but instead from their public FTP 
server (the sources) and rebuilt the packages, then you would not need 
to pay them.




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Re: [CentOS] RHEL on The Pirate Bay, Mininova, etc

2008-03-23 Thread Johnny Hughes

Ignacio Vazquez-Abrams wrote:

On Sun, 2008-03-23 at 02:17 -0600, Stephen John Smoogen wrote:

On Sat, Mar 22, 2008 at 8:02 PM, Les Mikesell [EMAIL PROTECTED]
wrote:

Johnny Hughes wrote:
  They are not imposing any restrictions on the software ... you have
  signed an agreement that as long as you are entitled to get updates from
  RHN that you will not do those things (it is an if/then statement).

 But those things involve restrictions on the software.

I think the problem is that what is thought in these arguments to be a
restriction on the software is not considered a legal restriction on
the software.


I think you guys are going about it the wrong way. You're so focused on
the *contents* of the packages that you're missing the packages
*themselves*. Could the signing of the packages be considered a work,
and therefore distribution of said signed packages be a violation of
copyright law?


Well ... the general consensus is that is not the case, and that the 
SPEC file is covered under the same license as the rest of the source 
code unless it is specifically licensed differently.


So, distributing the RPMS (the GPL ones) would probably be OK.

Using them is also OK, so long as you PAY Red Hat on every machine where 
you use things that cam from RHN.




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Re: [CentOS] RHEL on The Pirate Bay, Mininova, etc

2008-03-23 Thread Daniel de Kok
On Sun, Mar 23, 2008 at 12:58 PM, Johnny Hughes [EMAIL PROTECTED] wrote:

 Daniel de Kok wrote:
   On Sun, Mar 23, 2008 at 9:17 AM, Stephen John Smoogen [EMAIL PROTECTED] 
 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.

-- Daniel
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Re: [CentOS] RHEL on The Pirate Bay, Mininova, etc

2008-03-23 Thread Ignacio Vazquez-Abrams
On Sun, 2008-03-23 at 07:02 -0500, Johnny Hughes wrote:
 Ignacio Vazquez-Abrams wrote:
  I think you guys are going about it the wrong way. You're so focused on
  the *contents* of the packages that you're missing the packages
  *themselves*. Could the signing of the packages be considered a work,
  and therefore distribution of said signed packages be a violation of
  copyright law?
 
 Well ... the general consensus is that is not the case, and that the 
 SPEC file is covered under the same license as the rest of the source 
 code unless it is specifically licensed differently.

I'm not talking about the spec file metadata, I'm talking about the
signature that's applied to the package itself.

-- 
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Re: [CentOS] RHEL on The Pirate Bay, Mininova, etc

2008-03-23 Thread Daniel de Kok
On Sun, Mar 23, 2008 at 1:28 PM, Ignacio Vazquez-Abrams
[EMAIL PROTECTED] wrote:
  I'm not talking about the spec file metadata, I'm talking about the
  signature that's applied to the package itself.

A signature is just a special digest of the contents. I don't see how
that could be licensed differently.

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Re: [CentOS] RHEL on The Pirate Bay, Mininova, etc

2008-03-23 Thread Johnny Hughes

Daniel de Kok wrote:

On Sun, Mar 23, 2008 at 12:58 PM, Johnny Hughes [EMAIL PROTECTED] wrote:

Daniel de Kok wrote:
  On Sun, Mar 23, 2008 at 9:17 AM, Stephen John Smoogen [EMAIL PROTECTED] 
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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Re: [CentOS] RHEL on The Pirate Bay, Mininova, etc

2008-03-23 Thread Daniel de Kok
On Sun, Mar 23, 2008 at 1:57 PM, Ignacio Vazquez-Abrams
[EMAIL PROTECTED] wrote:

 On Sun, 2008-03-23 at 13:46 +0100, Daniel de Kok wrote:
   On Sun, Mar 23, 2008 at 1:28 PM, Ignacio Vazquez-Abrams
   [EMAIL PROTECTED] wrote:
 I'm not talking about the spec file metadata, I'm talking about the
 signature that's applied to the package itself.
  
   A signature is just a special digest of the contents. I don't see how
   that could be licensed differently.

  And a painting of a landscape is just a special digest (or
  interpretation, if you prefer) of a landscape. It falls under copyright
  law, regardless of what laws the canvas or paint are required to follow.

That's a flawed analogy. Virtually, all jurisdictions require work to
be original to qualify for copyright. Painting a landscape requires
effort, and originality, mechanically making a digest with encryption
software doesn't.

Anyway, let's not continue with *this* slippery slope. The next guy
will proclaim that downloading software and recompressing it with
bzip2 constitutes a new work ;).

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Re: [CentOS] RHEL on The Pirate Bay, Mininova, etc

2008-03-23 Thread Ignacio Vazquez-Abrams
On Sun, 2008-03-23 at 08:57 -0400, Ignacio Vazquez-Abrams wrote:
 On Sun, 2008-03-23 at 13:46 +0100, Daniel de Kok wrote:
  On Sun, Mar 23, 2008 at 1:28 PM, Ignacio Vazquez-Abrams
  [EMAIL PROTECTED] wrote:
I'm not talking about the spec file metadata, I'm talking about the
signature that's applied to the package itself.
  
  A signature is just a special digest of the contents. I don't see how
  that could be licensed differently.
 
 And a painting of a landscape is just a special digest (or
 interpretation, if you prefer) of a landscape. It falls under copyright
 law, regardless of what laws the canvas or paint are required to follow.

Before anyone tears this apart *too* hard, I would like to apologize for
misrepresenting myself. I am not a lawyer, therefore I should have said
that this was only my opinion.

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Re: [CentOS] RHEL on The Pirate Bay, Mininova, etc

2008-03-23 Thread Daniel de Kok
On Sun, Mar 23, 2008 at 2:24 PM, Johnny Hughes [EMAIL PROTECTED] wrote:
  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.

Yes. But we never disagreed on that. But if you retrieve a copy of
GPL'ed software from RHN, you are allowed to redistribute it according
the terms of the GPL.

  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.

True, as I have stated in my previous e-mail.

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

Yes :). Making RHEL piracy kinda pointless ;).

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Re: [CentOS] RHEL on The Pirate Bay, Mininova, etc

2008-03-23 Thread Ignacio Vazquez-Abrams
On Sun, 2008-03-23 at 14:25 +0100, Daniel de Kok wrote:
 On Sun, Mar 23, 2008 at 1:57 PM, Ignacio Vazquez-Abrams
 [EMAIL PROTECTED] wrote:
 
  On Sun, 2008-03-23 at 13:46 +0100, Daniel de Kok wrote:
On Sun, Mar 23, 2008 at 1:28 PM, Ignacio Vazquez-Abrams
[EMAIL PROTECTED] wrote:
  I'm not talking about the spec file metadata, I'm talking about the
  signature that's applied to the package itself.
   
A signature is just a special digest of the contents. I don't see how
that could be licensed differently.
 
   And a painting of a landscape is just a special digest (or
   interpretation, if you prefer) of a landscape. It falls under copyright
   law, regardless of what laws the canvas or paint are required to follow.
 
 That's a flawed analogy. Virtually, all jurisdictions require work to
 be original to qualify for copyright.

How is a rpm package signature not original? It's dependent on a
number of factors, not all of which are publicly accessible (e.g., the
private signing key), and some of which are variable (e.g., the build
time).

 Painting a landscape requires
 effort, and originality, mechanically making a digest with encryption
 software doesn't.

Nor does pushing the button on a digital camera, and yet Flickr is
filled with the results of that non-effort. You don't need to be a
lawyer to see that anyone challenging the license of that non-effort
would likely be laughed out of court.

 Anyway, let's not continue with *this* slippery slope. The next guy
 will proclaim that downloading software and recompressing it with
 bzip2 constitutes a new work ;).

Or a derivative of the original work. But adding a signature to an
already-created package does not make the signature a derivative of the
contents of the package.

(Once again, IANAL)

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Re: [CentOS] RHEL on The Pirate Bay, Mininova, etc

2008-03-23 Thread Ignacio Vazquez-Abrams
On Sun, 2008-03-23 at 09:36 -0400, Ignacio Vazquez-Abrams wrote:
 But adding a signature to an
 already-created package does not make the signature a derivative of the
 contents of the package.

Argh, no, it could.

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Re: [CentOS] RHEL on The Pirate Bay, Mininova, etc

2008-03-23 Thread Dag Wieers

yOn Sun, 23 Mar 2008, Daniel de Kok wrote:


On Sun, Mar 23, 2008 at 2:24 PM, Johnny Hughes [EMAIL PROTECTED] wrote:

 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.


Yes. But we never disagreed on that. But if you retrieve a copy of
GPL'ed software from RHN, you are allowed to redistribute it according
the terms of the GPL.


Right, and because of that I think it is perfectly technically possible to 
redistribute the existing binaries with the Red Hat trademark removed. 
That would be almost the same as what CentOS is doing, except that you 
have exactly the same binaries and libraries.


(However, for some packages that is going to be very hard to do)

The GPL allows that, but Red Hat can break your contract to retrieve these 
binary updates in the future, so you are kinda stuck.


FWIW if you are in a position that you need RHEL (and CentOS is not a 
replacement) then you most likely also need the support (read: fixing 
bugs) from Red Hat, or support from your application vendor, or a 
guaranteed certified OS. If all that is important, the price is not the 
problem.


Some of these points are being made in the business presentation on the 
wiki at:


http://wiki.centos.org/Events/Presentations

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Re: [CentOS] RHEL on The Pirate Bay, Mininova, etc

2008-03-23 Thread Les Mikesell

Johnny Hughes wrote:

 copyright law?

Well ... the general consensus is that is not the case, and that the 
SPEC file is covered under the same license as the rest of the source 
code unless it is specifically licensed differently.


So, distributing the RPMS (the GPL ones) would probably be OK.

Using them is also OK, so long as you PAY Red Hat on every machine where 
you use things that cam from RHN.


By why is adding a restriction to enforce that OK, unless it only 
applies to the non-GPL'd portions?


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Re: [CentOS] RHEL on The Pirate Bay, Mininova, etc

2008-03-23 Thread Stephen John Smoogen
On Sun, Mar 23, 2008 at 6:09 AM, Daniel de Kok [EMAIL PROTECTED] wrote:
 On Sun, Mar 23, 2008 at 12:58 PM, Johnny Hughes [EMAIL PROTECTED] wrote:
  
   Daniel de Kok wrote:
 On Sun, Mar 23, 2008 at 9:17 AM, Stephen John Smoogen [EMAIL 
 PROTECTED] 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.


You can argue this as much as you want... and if you pay enough money
to some lawyer they will agree with you on that. However, most lawyers
including the ones at the FSF do not agree. The purchaser got into a
service contract with Red Hat that Red Hat would offer the purchaser
compiled versions of the product. That contract also says that they
will pay Red Hat for every copy of the compiled executable installed.
They can give that executable to someone else, but they are supposed
to pay Red Hat for those copies also.  These are not seen as
restrictions of rights on the user by the FSF because you have the
main thing the FSF wants you to have: The Source Code. And the
contract does not restrict your rights to edit, recompile, or
redistribute the source code. It even doesn't restrict you from
redistributing the binaries. You just promised you would pay for every
copy which is not considered a 'legal' restriction on your rights.

If you do not pay them, they have the right to require you to remove
those executables because you broke your contract with them. Again as
far as contractual law and the FSF faq's.. this is NOT an abridgment
of the rights that the GPL gives you and thus legal/

However, as with all things dealing with legal: GET A LAWYER
This is not binding legal advice. I am not a lawyer, do not want to be
a lawyer, and while my explanations were given to me by non-RH lawyers
several years ago.. I may have forgotten important pieces not worded
it in a way that is legally sound etc.

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Re: [CentOS] RHEL on The Pirate Bay, Mininova, etc

2008-03-23 Thread Les Mikesell

Johnny Hughes wrote:



 copyright law?

Well ... the general consensus is that is not the case, and that the 
SPEC file is covered under the same license as the rest of the source 
code unless it is specifically licensed differently.


So, distributing the RPMS (the GPL ones) would probably be OK.

Using them is also OK, so long as you PAY Red Hat on every machine 
where you use things that cam from RHN.


By why is adding a restriction to enforce that OK, unless it only 
applies to the non-GPL'd portions?


It is not a restriction, it is a agreement ... if you want to download 
the file from them, you agree to pay for it every place you use it.


Agreeing to a restriction doesn't make it any less of a restriction, and 
it isn't the end user's agreement that matters, it is the one doing the 
software redistribution that can't add restrictions.


If you don't want to do that, then you need to get your linux from some 
place else.


I thought if you didn't follow the terms of the GPL you couldn't 
redistribute at all.


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Re: [CentOS] RHEL on The Pirate Bay, Mininova, etc

2008-03-23 Thread Stephen John Smoogen
On Sun, Mar 23, 2008 at 2:08 PM, Les Mikesell [EMAIL PROTECTED] wrote:
 Johnny Hughes wrote:
  
copyright law?
  
   Well ... the general consensus is that is not the case, and that the
   SPEC file is covered under the same license as the rest of the source
   code unless it is specifically licensed differently.
  
   So, distributing the RPMS (the GPL ones) would probably be OK.
  
   Using them is also OK, so long as you PAY Red Hat on every machine
   where you use things that cam from RHN.
  
   By why is adding a restriction to enforce that OK, unless it only
   applies to the non-GPL'd portions?
  
   It is not a restriction, it is a agreement ... if you want to download
   the file from them, you agree to pay for it every place you use it.

  Agreeing to a restriction doesn't make it any less of a restriction, and
  it isn't the end user's agreement that matters, it is the one doing the
  software redistribution that can't add restrictions.


Agreements and restrictions have separate legal definitions. You
really need to get a lawyer to explain this clearly to you, as it is
one of those items where it looks like they are saying 1+1=0 and
1-1=2, but they aren't.

Beyond  that, we will just have to disagree.


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Re: [CentOS] RHEL on The Pirate Bay, Mininova, etc

2008-03-23 Thread Les Mikesell

Stephen John Smoogen wrote:



   copyright law?
 
  Well ... the general consensus is that is not the case, and that the
  SPEC file is covered under the same license as the rest of the source
  code unless it is specifically licensed differently.
 
  So, distributing the RPMS (the GPL ones) would probably be OK.
 
  Using them is also OK, so long as you PAY Red Hat on every machine
  where you use things that cam from RHN.
 
  By why is adding a restriction to enforce that OK, unless it only
  applies to the non-GPL'd portions?
 
  It is not a restriction, it is a agreement ... if you want to download
  the file from them, you agree to pay for it every place you use it.

 Agreeing to a restriction doesn't make it any less of a restriction, and
 it isn't the end user's agreement that matters, it is the one doing the
 software redistribution that can't add restrictions.



Agreements and restrictions have separate legal definitions. You
really need to get a lawyer to explain this clearly to you, as it is
one of those items where it looks like they are saying 1+1=0 and
1-1=2, but they aren't.


They may seem like two different things, but they aren't if one is 
required as a condition of the other.  I'm sure a lawyer could be paid 
to take either side on this issue if you felt like paying a lawyer.


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Re: [CentOS] RHEL on The Pirate Bay, Mininova, etc

2008-03-22 Thread Niki Kovacs

Mag Gam a écrit :

Why would you download an illegal version of RHEL? I see no point in that...

Maybe there's also illegal customer support on these filesharing 
networks :oD

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Re: [CentOS] RHEL on The Pirate Bay, Mininova, etc

2008-03-22 Thread centos
On Sat, 22 Mar 2008 07:50:26 +0100
Niki Kovacs [EMAIL PROTECTED] wrote:

 Mag Gam a écrit :
  Why would you download an illegal version of RHEL? I see no

There is no illegal version of RHEL. When you buy from RH, you
are not buying RHEL, but support and updates for the particular
version of RHEL that you paid for. Its the same for Novell and
SuSE. 

Now, RH artwork [the hat...] and names are copyrighted, but that's
it. You can legally download the full source code, which is what
the CentOS team did. The CentOS team provides the support [through
this mailing list] and the updates for free.

  point in that... Maybe there's also illegal customer support
  on these filesharing networks :oD

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Re: [CentOS] RHEL on The Pirate Bay, Mininova, etc

2008-03-22 Thread Dag Wieers

On Sat, 22 Mar 2008, [EMAIL PROTECTED] wrote:


On Sat, 22 Mar 2008 07:50:26 +0100
Niki Kovacs [EMAIL PROTECTED] wrote:


Mag Gam a écrit :

Why would you download an illegal version of RHEL? I see no


There is no illegal version of RHEL. When you buy from RH, you
are not buying RHEL, but support and updates for the particular
version of RHEL that you paid for. Its the same for Novell and
SuSE.


In fact, it is even cooler. You buy the service regardless of the version. 
That means that you can migrate from RHEL3 to RHEL4 with the exact same 
entitlement.


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Re: [CentOS] RHEL on The Pirate Bay, Mininova, etc

2008-03-22 Thread Johnny Hughes

[EMAIL PROTECTED] wrote:

On Sat, 22 Mar 2008 07:50:26 +0100
Niki Kovacs [EMAIL PROTECTED] wrote:


Mag Gam a écrit :

Why would you download an illegal version of RHEL? I see no


There is no illegal version of RHEL. When you buy from RH, you
are not buying RHEL, but support and updates for the particular
version of RHEL that you paid for. Its the same for Novell and
SuSE. 



This is not technically true ... but close :D

You can not redistribute the redhat-logos or redhat-artwork binary 
packages to others unless you are selling your media.  You also can not 
distribute those 2 source or binary RPMS without editing and removing 
the logos / trademark related things in them.  Since the ISOs in 
question on the Bittorrent sites distribute those files, they are 
illegal per Red Hat's trademark policies.


Now USING the RHEL discs (not distributing them to others, but 
installing on your own equipment) is a totally different story (and much 
more restrictive).  You may not install any RHEL packages that are 
provided by Red Hat on ANY machines that you have not purchased an 
entitlement for.  That means on test machines, production machines, 
whatever.  No entitlement, no install allowed.  It does not matter 
whether you want Support or not.


Red Hat has the right to audit your equipment for up to 1 year after 
your last license expires for compliance.



Now, RH artwork [the hat...] and names are copyrighted, but that's
it. You can legally download the full source code, which is what
the CentOS team did. The CentOS team provides the support [through
this mailing list] and the updates for free.


CentOS does provide everything you need to run an enterprise OS meeting 
all the upstream redistribution requirements, yes.




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Re: [CentOS] RHEL on The Pirate Bay, Mininova, etc

2008-03-22 Thread John R Pierce

Johnny Hughes wrote:
You can not redistribute the redhat-logos or redhat-artwork binary 
packages to others unless you are selling your media.  You also can 
not distribute those 2 source or binary RPMS without editing and 
removing the logos / trademark related things in them.  Since the ISOs 
in question on the Bittorrent sites distribute those files, they are 
illegal per Red Hat's trademark policies.


Now USING the RHEL discs (not distributing them to others, but 
installing on your own equipment) is a totally different story (and 
much more restrictive).  You may not install any RHEL packages that 
are provided by Red Hat on ANY machines that you have not purchased an 
entitlement for.  That means on test machines, production machines, 
whatever.  No entitlement, no install allowed.  It does not matter 
whether you want Support or not.


Red Hat has the right to audit your equipment for up to 1 year after 
your last license expires for compliance.


wow, that goes way beyond what I thought.  Can you point to an 
authoritative reference for this?  I'd like to hit some guys over the 
head with it at work, they install RHEL4 all over the place without 
contracts (or updates), it drives me nuts, I keep saying USE CENTOS 
and its like 'oh, vendor XYZ says they only support RHEL', and my 
arguing that they aren't paying for any support doesn't seem to matter.



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Re: [CentOS] RHEL on The Pirate Bay, Mininova, etc

2008-03-22 Thread Ray Van Dolson
On Sat, Mar 22, 2008 at 12:29:54PM -0700, John R Pierce wrote:
 Johnny Hughes wrote:
 You can not redistribute the redhat-logos or redhat-artwork binary 
 packages to others unless you are selling your media.  You also can not 
 distribute those 2 source or binary RPMS without editing and removing the 
 logos / trademark related things in them.  Since the ISOs in question on 
 the Bittorrent sites distribute those files, they are illegal per Red 
 Hat's trademark policies.

 Now USING the RHEL discs (not distributing them to others, but installing 
 on your own equipment) is a totally different story (and much more 
 restrictive).  You may not install any RHEL packages that are provided by 
 Red Hat on ANY machines that you have not purchased an entitlement for.  
 That means on test machines, production machines, whatever.  No 
 entitlement, no install allowed.  It does not matter whether you want 
 Support or not.

 Red Hat has the right to audit your equipment for up to 1 year after your 
 last license expires for compliance.

 wow, that goes way beyond what I thought.  Can you point to an 
 authoritative reference for this?  I'd like to hit some guys over the head 
 with it at work, they install RHEL4 all over the place without contracts 
 (or updates), it drives me nuts, I keep saying USE CENTOS and its like 
 'oh, vendor XYZ says they only support RHEL', and my arguing that they 
 aren't paying for any support doesn't seem to matter.


What we need is a case that's been taken to court and a verdict given.
:)  I've long tried to get an answer from RH as to whether or not I can
reinstall their media on other machines just without buying an
entitlement (after all you can continue using RH after the 30 demo
expires).

I've never gotten an answer from RH on this, and I have heard solid
interpretations of their EULA from both sides.

I try real hard to make sure all copies of RHEL are licensed at my
$DAYJOB, but I know RH isn't overly anal about it either.

Ray
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Re: [CentOS] RHEL on The Pirate Bay, Mininova, etc

2008-03-22 Thread Les Mikesell

Ray Van Dolson wrote:

You can not redistribute the redhat-logos or redhat-artwork binary 
packages to others unless you are selling your media.  You also can not 
distribute those 2 source or binary RPMS without editing and removing the 
logos / trademark related things in them.  Since the ISOs in question on 
the Bittorrent sites distribute those files, they are illegal per Red 
Hat's trademark policies.


Now USING the RHEL discs (not distributing them to others, but installing 
on your own equipment) is a totally different story (and much more 
restrictive).  You may not install any RHEL packages that are provided by 
Red Hat on ANY machines that you have not purchased an entitlement for.  
That means on test machines, production machines, whatever.  No 
entitlement, no install allowed.  It does not matter whether you want 
Support or not.


Red Hat has the right to audit your equipment for up to 1 year after your 
last license expires for compliance.
wow, that goes way beyond what I thought.  Can you point to an 
authoritative reference for this?  I'd like to hit some guys over the head 
with it at work, they install RHEL4 all over the place without contracts 
(or updates), it drives me nuts, I keep saying USE CENTOS and its like 
'oh, vendor XYZ says they only support RHEL', and my arguing that they 
aren't paying for any support doesn't seem to matter.




What we need is a case that's been taken to court and a verdict given.
:)  I've long tried to get an answer from RH as to whether or not I can
reinstall their media on other machines just without buying an
entitlement (after all you can continue using RH after the 30 demo
expires).


It doesn't matter much whether they enforce that or not.  As soon as a 
security vulnerability is discovered that you can't get the update to 
fix you are pretty much fried anyway.  Personally, I wouldn't want an 
old RHEL4 with no updates on my network.


The other thing people need to consider about most licensed software is 
that you really need to triple the price that you'd expect when you are 
considering it, because if you need to keep something running all the 
time you will need a primary and backup system plus a test install where 
you can experiment with changes.



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Re: [CentOS] RHEL on The Pirate Bay, Mininova, etc

2008-03-22 Thread Ray Van Dolson
On Sat, Mar 22, 2008 at 04:01:13PM -0400, R P Herrold wrote:
 On Sat, 22 Mar 2008, Ray Van Dolson wrote:

 What we need is a case that's been taken to court and a verdict given.
 :)

 umm -- Istrongly disagree.

 There are services sold by people called 'lawyers' whom sell authoritative 
 analysis, guidance, and answers they'll stand behind as a professional to 
 questions like this;  all a court case would do is settle one set of facts 
 as interpreted to their license document, and open the door to the next 
 one. It also carries the explicit transaction costs of prosecuting such a 
 suit, and the 'softer' potential reputational damage in a skitterish FOSS 
 community.

It would certainly set a precedent which definitely carries a lot of
weight in subsequent similar cases.

And you assume too much about my or other's motives.  I think it's a
fair question even in an academic sense whether or not we should or
should not be allowed to redistribute RHEL.  However, probably a
prickly topic so perhaps best not discussed here. :)

I am happy to pay for all copies of RHEL and am fortunate to work at a
company that can afford to.  RH does great work for the community.

 I've long tried to get an answer from RH as to whether or not I can
 reinstall their media on other machines just without buying an
 entitlement (after all you can continue using RH after the 30 demo
 expires).

 I've never gotten an answer from RH on this, and I have heard solid
 interpretations of their EULA from both sides.

 Nor should an answer reasonably be expected in such a circumstance.  RHT 
 has a legal duty to answer and account to its stockholders; I assume this 
 provides them with plenty of incentive not to offer free legal advice on 
 how to 'game' that license, even putting to one side prohibitions on 
 unlicensed practice of law.

 -- Russ herrold
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Re: [CentOS] RHEL on The Pirate Bay, Mininova, etc

2008-03-22 Thread Stephen John Smoogen
On Sat, Mar 22, 2008 at 1:36 PM, Ray Van Dolson [EMAIL PROTECTED] wrote:

 On Sat, Mar 22, 2008 at 12:29:54PM -0700, John R Pierce wrote:
   Johnny Hughes wrote:
   You can not redistribute the redhat-logos or redhat-artwork binary
   packages to others unless you are selling your media.  You also can not
   distribute those 2 source or binary RPMS without editing and removing the
   logos / trademark related things in them.  Since the ISOs in question on
   the Bittorrent sites distribute those files, they are illegal per Red
   Hat's trademark policies.
  

Actually there are cases already in place on this. Just not ones that
Red Hat has been part of but other organizations with similar laws and
licenses. Like most cases, most people don't want to talk to pay a
lawyer who is going to do the research.. they want someone else to do
so.. and then they will only consider it authoritative when they read
it in USA Today or Wikipedia.

The GPL covers source code. It covers binaries in the format that if
you buy the binary, you have the right to request the source code the
binary was compiled from. Red Hat supplies that. The GPL does not say
anything of the restrictions you have on that binary. Those are
covered in the contract between you and Red Hat. What Red Hat can not
do is restrict you from giving that source code to other entities. The
difference between binary and source was deliberate on the part of the
FSF, and has been used by Cygnus and Stalhman himself well before Red
Hat came on the scene.

  What we need is a case that's been taken to court and a verdict given.
  :)  I've long tried to get an answer from RH as to whether or not I can
  reinstall their media on other machines just without buying an
  entitlement (after all you can continue using RH after the 30 demo
  expires).

You are asking for legal advice from a company you are doing business
with. If Red Hat answered that question as most people phrase it they
would end up in all kinds of problems. Get a lawyer, have them look
the contract, the case law, and how it applies to you. [The way
lawyers really make the money is that they can only give advice on how
it affects you.. not how it affects people in general etc.. even a
court's decision may only apply on the 2 parties of the contract and
not all people who have similar contracts]

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Re: [CentOS] RHEL on The Pirate Bay, Mininova, etc

2008-03-22 Thread Stephen John Smoogen
On Sat, Mar 22, 2008 at 2:10 PM, Ray Van Dolson [EMAIL PROTECTED] wrote:
 On Sat, Mar 22, 2008 at 04:01:13PM -0400, R P Herrold wrote:
   On Sat, 22 Mar 2008, Ray Van Dolson wrote:
  
   What we need is a case that's been taken to court and a verdict given.
   :)
  
   umm -- Istrongly disagree.
  
   There are services sold by people called 'lawyers' whom sell authoritative
   analysis, guidance, and answers they'll stand behind as a professional to
   questions like this;  all a court case would do is settle one set of facts
   as interpreted to their license document, and open the door to the next
   one. It also carries the explicit transaction costs of prosecuting such a
   suit, and the 'softer' potential reputational damage in a skitterish FOSS
   community.

  It would certainly set a precedent which definitely carries a lot of
  weight in subsequent similar cases.


It can or can-not. It depends greatly on how large the case is, and
what the judgement says. In most cases, judgements are restricted to
small sections of a disagreement and do not have large precedent
bearing items. And in many cases where the plaintiff wins in a
contractual dispute, it is worded in a way that the defendant could
actually argue the case is closed for all other similar cases.
Remember, in a case between 2 lawyers and a judge you can end up with
at least 6 different ways to read the decision in the next case.

And in this case, the precedents of hundreds years of contractual law
would have to be overturned. The GPL license covers source code
access. The RHEL license covers binary access without restricting your
rights towards source code.

  And you assume too much about my or other's motives.  I think it's a
  fair question even in an academic sense whether or not we should or
  should not be allowed to redistribute RHEL.  However, probably a
  prickly topic so perhaps best not discussed here. :)


Its  fair question, but can only answered for the individual asking it
by a licensed attorney under contract to that individual. And then
that advice would still only be accurate if a court decided in the
favor of the lawyers opinion in case the individual took it to court.
And then that court decision would only be considered precedent if it
was written that way. And that would only count if it was upheld on
appeal. And even then it might only matter in some particular time,
place, and placing of a comma on one particular version of a contract.
Everything else is a debating exercise :(.


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Re: [CentOS] RHEL on The Pirate Bay, Mininova, etc

2008-03-22 Thread Johnny Hughes

Ray Van Dolson wrote:

On Sat, Mar 22, 2008 at 12:29:54PM -0700, John R Pierce wrote:

Johnny Hughes wrote:
You can not redistribute the redhat-logos or redhat-artwork binary 
packages to others unless you are selling your media.  You also can not 
distribute those 2 source or binary RPMS without editing and removing the 
logos / trademark related things in them.  Since the ISOs in question on 
the Bittorrent sites distribute those files, they are illegal per Red 
Hat's trademark policies.


Now USING the RHEL discs (not distributing them to others, but installing 
on your own equipment) is a totally different story (and much more 
restrictive).  You may not install any RHEL packages that are provided by 
Red Hat on ANY machines that you have not purchased an entitlement for.  
That means on test machines, production machines, whatever.  No 
entitlement, no install allowed.  It does not matter whether you want 
Support or not.


Red Hat has the right to audit your equipment for up to 1 year after your 
last license expires for compliance.
wow, that goes way beyond what I thought.  Can you point to an 
authoritative reference for this?  I'd like to hit some guys over the head 
with it at work, they install RHEL4 all over the place without contracts 
(or updates), it drives me nuts, I keep saying USE CENTOS and its like 
'oh, vendor XYZ says they only support RHEL', and my arguing that they 
aren't paying for any support doesn't seem to matter.




What we need is a case that's been taken to court and a verdict given.
:)  I've long tried to get an answer from RH as to whether or not I can
reinstall their media on other machines just without buying an
entitlement (after all you can continue using RH after the 30 demo
expires).

I've never gotten an answer from RH on this, and I have heard solid
interpretations of their EULA from both sides.

I try real hard to make sure all copies of RHEL are licensed at my
$DAYJOB, but I know RH isn't overly anal about it either.



The License Agreement is VERY CLEAR ... there is no room for 
misinterpretation:


http://www.redhat.com/licenses/rhel_us_3.html

This Agreement establishes the terms and conditions under which Red Hat 
will provide Software and Services to Client. Software means Red Hat 
Enterprise Linux and other software programs branded by Red Hat and/or 
its affiliates including all modifications, additions or further 
developments thereto delivered by Red Hat.


For Subscription Services, Client agrees to pay Red Hat for each 
Installed System. An Installed System means a system on which Client 
installs or executes all or a portion of the Software, which may be, 
without limitation, a server, work station, virtual machine, blade, 
node, partition, or engine, as applicable.


Client will promptly notify Red Hat if the number of Installed Systems 
exceeds the number of Installed Systems for which Client has paid the 
applicable fee. In its notice, Client will include both the number of 
additional Installed Systems and the date(s) on which such Installed 
Systems were put into use. Red Hat will invoice Client for the 
applicable Services for such Installed Systems on a pro-rata basis and 
Client will pay for such Services in accordance with this Agreement.


During the term of this Agreement and for one (1) year thereafter, Red 
Hat or its designated agent may inspect and review Client's facilities 
and records in order to verify Client's compliance with this Agreement. 
Any such inspection and review will take place only during Client's 
normal business hours and upon no less than ten (10) days prior written 
notice from Red Hat. Red Hat will give Client written notice of any 
non-compliance, including the number of underreported Installed Systems, 
and Client will have fifteen (15) days from the date of such notice to 
make payment to Red Hat for the applicable Services provided to the 
underreported Installed Systems. If Client had underreported the number 
of Installed Systems by more than five percent (5%), Client will also 
pay Red Hat for the cost of such inspection.

=

The rest is available for review at the linked address ... but it is 
very clear that if you have any RHEL subscriptions, then you must pay 
for them all.


How one could read that any other way is beyond me.

Thanks,
Johnny Hughes



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Re: [CentOS] RHEL on The Pirate Bay, Mininova, etc

2008-03-22 Thread Les Mikesell

Stephen John Smoogen wrote:


And in this case, the precedents of hundreds years of contractual law
would have to be overturned. The GPL license covers source code
access. The RHEL license covers binary access without restricting your
rights towards source code.


I don't recall any distinction between what you can do with binaries and 
source mentioned in the GPL beyond the requirement that sources must be 
made available too.  And section 6 (of GPLv2) states explictly that You 
may not impose any further restrictions  Of course not all of RHEL 
is covered by the GPL.


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Re: [CentOS] RHEL on The Pirate Bay, Mininova, etc

2008-03-22 Thread Matt Shields
On Sat, Mar 22, 2008 at 7:09 PM, Stephen John Smoogen [EMAIL PROTECTED] wrote:
  The usual idea is that because its Free Software you can't restrict
  it in anyway... and that the 'Freedom' trumps any other license or
  agreement. And I will bet that if you have enough money, there will be
  lawyers who will come up with ways to argue that is a valid
  interpretation.. and will argue it over and over again as long as you
  have money.

I find it funny how people love to complain because companies like
RedHat and SuSE/Novell have found a way to make a business out of a
free product.  There is nothing forcing you to use their distro.  And
if you do like their distro that much and don't want to pay, there are
free alternatives to the commercial products like CentOS, WBEL and
OpenSuSE.  Heck there are more free distro's than paid ones.  Or if
you are jealous of those companies making all the money off a free
product and are so inclined why don't you create your own commercial
Linux distro.  There is nothing that they are doing that violates the
GPL, if they did, I'm sure that they would have all kinds of legal
trouble.

Instead of complaining, people should be grateful for the hard work
that they do bringing features, fixes, drivers, which are released for
free, and by getting hardware vendors involved in bring linux
compatibility to their products.  I can still remember back in 1995
trying to get support from a hardware vendor who refused to provide
drivers for linux or even offer any assistance.

-- 
-matt
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Re: [CentOS] RHEL on The Pirate Bay, Mininova, etc

2008-03-22 Thread Johnny Hughes

Les Mikesell wrote:

Stephen John Smoogen wrote:


And in this case, the precedents of hundreds years of contractual law
would have to be overturned. The GPL license covers source code
access. The RHEL license covers binary access without restricting your
rights towards source code.


I don't recall any distinction between what you can do with binaries and 
source mentioned in the GPL beyond the requirement that sources must be 
made available too.  And section 6 (of GPLv2) states explictly that You 
may not impose any further restrictions  Of course not all of RHEL 
is covered by the GPL.




They are not imposing any restrictions on the software ... you have 
signed an agreement that as long as you are entitled to get updates from 
RHN that you will not do those things (it is an if/then statement). It 
is a contract, no one is forcing you to sign it.  If you do sign it, 
then you are obligated to to meet the requirements in it.


If you don't like the conditions, then cancel the subscription and you 
can use their software without updates.


Red Hat is a great open source company, it is because of the way they 
distribute their source code that CentOS can exist.


Where is the SUSE Enterprise or Mandrive Enterprise clones ... there are 
none.  Where are the SUSE SRPMS ... not easy to get for the general 
public.  Mandriva ... same thing.






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Re: [CentOS] RHEL on The Pirate Bay, Mininova, etc

2008-03-22 Thread Johnny Hughes

Stephen John Smoogen wrote:

On Sat, Mar 22, 2008 at 4:52 PM, Johnny Hughes [EMAIL PROTECTED] wrote:


 =

 The rest is available for review at the linked address ... but it is
 very clear that if you have any RHEL subscriptions, then you must pay
 for them all.

 How one could read that any other way is beyond me.




The usual idea is that because its Free Software you can't restrict
it in anyway... and that the 'Freedom' trumps any other license or
agreement. And I will bet that if you have enough money, there will be
lawyers who will come up with ways to argue that is a valid
interpretation.. and will argue it over and over again as long as you
have money.




If you enter into a legally binding contract, then you waive your rights 
as specified in the contract.  I mean, it is not against the law to by 
parts from Jim's hardware store ... but if John promises to give you a 
30% discount if you sign an exclusivity deal that he provides all your 
parts, and then you still buy parts from Jim, you are violating the 
contract.  If the contract that you signed specifies a penalty for 
violation, then you will incur the penalty.


If you don't like the contract, use SUSE or Ubuntu or Fedora or CentOS 
or any number of other distros ...




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Re: [CentOS] RHEL on The Pirate Bay, Mininova, etc

2008-03-22 Thread Les Mikesell

Johnny Hughes wrote:



And in this case, the precedents of hundreds years of contractual law
would have to be overturned. The GPL license covers source code
access. The RHEL license covers binary access without restricting your
rights towards source code.


I don't recall any distinction between what you can do with binaries 
and source mentioned in the GPL beyond the requirement that sources 
must be made available too.  And section 6 (of GPLv2) states explictly 
that You may not impose any further restrictions  Of course not 
all of RHEL is covered by the GPL.




They are not imposing any restrictions on the software ... you have 
signed an agreement that as long as you are entitled to get updates from 
RHN that you will not do those things (it is an if/then statement). 


But those things involve restrictions on the software.

 It
is a contract, no one is forcing you to sign it.  If you do sign it, 
then you are obligated to to meet the requirements in it.


If you don't like the conditions, then cancel the subscription and you 
can use their software without updates.


It's not a matter of liking it or not, I just don't understand how 
someone can distribute software with a license that says as a condition 
of redistribution you can't impose further restrictions along with a 
required contract that imposes further restrictions - regardless of a 
tie-in with a subscription.


Red Hat is a great open source company, it is because of the way they 
distribute their source code that CentOS can exist.


No argument there, but restrictions are restrictions.

--
  Les Mikesell
   [EMAIL PROTECTED]

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Re: [CentOS] RHEL on The Pirate Bay, Mininova, etc

2008-03-21 Thread Michael Semcheski
On Fri, Mar 21, 2008 at 2:17 PM, Simon Jolle sjolle [EMAIL PROTECTED]
wrote:

 Hi Centos Users

 Its _really_ nonsense to release RHEL version on file sharing networks.
 The only reason why RHEL is so popular on torrent trackers is the lack
 of knowledge about Centos :-)

 Conclusion: we should do more marketing :-)


If somebody's downloading an illegal version of RHEL, you have to ask
yourself,
do you really think they would've made a big contribution to CentOS if they
knew about it?
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Re: [CentOS] RHEL on The Pirate Bay, Mininova, etc

2008-03-21 Thread Mag Gam
Why would you download an illegal version of RHEL? I see no point in that...


On Fri, Mar 21, 2008 at 3:08 PM, Michael Semcheski [EMAIL PROTECTED]
wrote:

 On Fri, Mar 21, 2008 at 2:17 PM, Simon Jolle sjolle [EMAIL PROTECTED]
 wrote:

  Hi Centos Users
 
  Its _really_ nonsense to release RHEL version on file sharing networks.
  The only reason why RHEL is so popular on torrent trackers is the lack
  of knowledge about Centos :-)
 
  Conclusion: we should do more marketing :-)
 
 
 If somebody's downloading an illegal version of RHEL, you have to ask
 yourself,
 do you really think they would've made a big contribution to CentOS if
 they knew about it?

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