On 03/05/2019 08:19, Tom H wrote:

Red hat can limit access to its source RPMs to its paying customers
and prevent free rebuilds

Whilst it is true that Red Hat could legitimately limit access to its source 
code to authorised users of its software, I don't think this could or would 
prevent free rebuilds from occurring.

For example, I have a free of charge dev licence for Red Hat Enterprise Linux 7 
(anyone can sign up to one of these at present). Most of this code is licensed 
under GPL (v2 mostly I think) and, as per that licence, RHEL have to give me 
access to the source code. Indeed, I can easily download two ISOs full of 
source RPMs from Red Hat's website.

Although Red Hat have an extensive end user licence agreement, it is generally 
accepted that no terms in such an EULA can extinguish the software licence 
terms under which copyright holders have chosen to distribute heir software. In 
this case that is the GPL and both Red Hat and myself are bound by it.

One of the terms of the GPL is that licensees (which includes Red Hat, me, and 
any other legitimate Red Hat customer) may modify the work as well as copy and 
redistribute the work or any derivative version of it. Furthermore, GPL 
prevents licensees from imposing any further restrictions of any of the rights 
that GPL grants.

Therefore, in brief, even though Red Hat have their own EULA and even though 
they could legitimately (under GPL) limit distribution of RHEL source code to 
their own customers (both paying and non-paying ones like me), they cannot 
prevent any of those customers from freely re-distributing the source code or 
modifying it. Thus a free re-distribution could still be created, no matter 
what.

The only limitation that Red Hat could feasibly add would relate to their own 
trademarked intellectual property that is not part of the source as such, such 
as trade names, trademark images, etc. I *presume* (but I am not certain and 
have not checked) that I might need to remove these trademarked properties from 
the source RPMs before redistributing the source code. This is, of course, 
exactly what the CentOS project did and still does.

As a matter of interest, can anyone confirm whether I'd need to remove Red 
Hat's trademarked intellectual property from their source RPMs before 
re-distributing them under GPL or could I re-distribute under GPL them 
unchanged?

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