Yes, perhaps Scientific Linux is safe based on "Acceptable Uses" (being it
is, as you pointed out, built independently and is non-commercial), but it
is the Unacceptable Uses that are targeting commercial uses of CentOS that
create a bit of a gray area. So many uses of CentOS out there today are in
the commercial usage realm. As I read #1, if I sell a product or service
that is shipped/pre-installed by me on CentOS (like a hosted VPS service
(like Amazon, Digital Ocean, etc), dedicated preloaded server (hosted or
in-house), or myriad of appliances for example), it is *fuzzy* as to
whether or not I can do so anymore using CentOS, as I would be
redistributing CentOS in a commercial activity. I know they are referring
to the Marks only, but how can you separate the two? CentOS went to great
lengths to make sure all mention of Red Hat was obliterated from anything
in CentOS. How they could leave in the file '/etc/redhat-release' I'm not
sure. Perhaps because it was an inherent part of the
configuration/filesystem. 

 

Bottom line is that what was open with *no* restrictions (at least it's
never been actively enforced) is no longer inactively so. So, however you
side on the issue, if you are on the Unacceptable Uses end of it, this
could become quite problematic. It appears there is an effort afoot to
seek to have the marks canceled for a number of reasons (as Ward points
out). This would negate the whole issue of restrictions by way of the
Marks. Copyrights and Trademarks have long been successfully used to
restrict how and when a thing is used. IANAL, but this is not a trivial
matter from my perspective. And it is exactly one way Red Hat can shove
those that now depend on CentOS for commercial purposes back over to the
paying (or else) side out of fear of receiving a Cease-and-Desist letter. 

 

From: [email protected] [mailto:[email protected]] On
Behalf Of Brian Pitts
Sent: Monday, March 17, 2014 5:12 PM
To: [email protected]
Subject: Re: [nlug] well, this will cause a "few" CentOS-based
projects/products a "wee bit" of complication

 

 

On 03/17/2014 04:43 PM, Mark J Bailey (JobsoftInc) wrote:

http://nerdvittles.com/?p=8721

 

Ward Mundy at Nerd Vittles has always been level headed (IMHO) and
thorough.  Seems that Red Hat has now been assigned all the CentOS
trademarks:

 

http://tsdr.uspto.gov/caseviewer/assignments?caseId=86014936
<http://tsdr.uspto.gov/caseviewer/assignments?caseId=86014936&docIndex=0#d
ocIndex=0> &docIndex=0#docIndex=0

 

and is now putting some new restrictions on the use of CentOS as the basis
for a custom distribution (product or project - like Scientific Linux or
Elastix) unless it is an "official" CentOS packaging/distribution. Not
sure if they will provide a way for one to be "certified" by Red Hat or
not, but either way, this is going to rain on quite a few parades. End
users can still install CentOS and then load other stuff, but the days of
the open and free use of CentOS as the basis for a rolled up specialized
distro are now over.


I don't think it limits your ability to use CentOS packages as the basis
for a custom distribution, I think it just limits how you can use the word
"CentOS" or the CentOS logos when describing your custom distribution. It
seems like Scientific LInux would be fine, because they call the
distribution "Scientific Linux" and not "CentOS". Here's what is allowed
and not according to https://www.centos.org/legal/trademarks/

= Acceptable uses =

*    You may use the CentOS Marks in connection with your noncommercial
redistribution of (1) bit-for-bit identical copies of official CentOS
releases, and (2) unmodified copies of official CentOS source packages.

*    You may use the Word Mark, but not the Logos, to truthfully describe
the origin of the software that you are providing but not the software
itself, where what you are distributing is modified official CentOS source
code or is a build compiled from modified official CentOS source code. You
may say, for example: "This software is derived from the source code for
the CentOS distribution." However, you may not say that the software is
CentOS.

*    You may use the Word Mark to truthfully describe the relationship
between your software and the CentOS software. In such a case, you may
only use the Word Mark following a verb or preposition that describes the
relationship. For example, you may say "MyProject package for the CentOS
distribution" but you may not say "MyProject's CentOS package."

*    You may use the 'Powered by CentOS' logo to truthfully state that
your application runs on or uses an official CentOS release.

*    You may use the CentOS Marks in themes, personas, or skins for
applications to show your support for the CentOS Project, provided that
the use is noncommercial and is clearly decorative, as contrasted with a
use that is likely to be understood as the branding for a website or
application.

= Unacceptable uses =

Notwithstanding anything to the contrary provided in these Guidelines, the
following are examples of unacceptable uses:

*    Use of the CentOS Marks in connection with commercial redistribution
of CentOS software (Commercial redistribution includes, by way of example
but is not limited to, redistribution in connection with any commercial
business activities or revenue-generating business activities.) ,
regardless of whether the CentOS software is unmodified, except as may be
permitted above.

*    Use of the CentOS Marks to identify software that combines any
portion of the CentOS software with any other software , unless the
combined distribution is an official CentOS distribution. For example, you
may not distribute a combination of the CentOS software with software
released by the FooStack project under the name "CentOS FooStack Distro".

*    Use of the CentOS Marks in connection with any rebuild of CentOS
software, unless such rebuild is an official CentOS build, regardless of
whether the CentOS software is unmodified.





-- 
All the best,
Brian Pitts

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