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On Fri, 3 Jan 2003 14:31:51 -0600, Ed Wilts wrote:

> > This is getting confusing. You cannot buy RHAS from anyone else than
> > Red Hat or authorized resellers. When you buy RHAS you pay for
> > service and support, not for the software itself, with the exception
> > of prebuilt binaries and handbooks. When you buy RHAS from someone
> > unauthorized, e.g. someone selling copies of RHAS, that would be
> > violating Red Hat's trademarks. 
> 
> I'm thinking you're confused.  There is no trademark violation
> involved if the GPL'd software is redistributed - the GPL explicitely
> allows that.  The seller can't advertise "Red Hat Advanced Server" -
> that would violate the use of the trademark - but if they gave/sold
> you a copy of the CD with a different label, that would be legal. 
> Refer to the Red Hat page at
> http://www.redhat.com/about/corporate/trademark/page6.html.

No confusion here, I think. Above is my section which explicitly
refers to "buying RHAS from someone unauthorized". No piece of that
section refers to re-distributing GPL'ed packages or freely
redistributable pieces. I've seen the Trademark Guidelines some time
ago. Page 9 is the one that applies, and the page that refers to
redistribution of an unmodified product. Red Hat Linux Advanced
Server is the full package, i.e. the software including the most
basic RHN and software services.

I was confused by the modified scenario of "giving a 2nd firm access
to install CDs and update binaries". The original scenario was
"purchasing a single licence, installing the freely distributable
parts on more than once server" as well as "duplicating the updates
to other servers". Much has changed in this thread, from copying the
install CDs to copying GPL'ed update src.rpms and
EULA-freely-redistributable binary rpms.

> > > Again, I can buy RH AS for one firm and use it in another having
> > > service for first firm. I even can not to install RH AS if first
> > > firm, but I'll have installation ;-)
> > 
> > Well, ;) this (and the rest of the thread) boils down to the
> > question whether it would be clever to do something like that? It
> > would be possible. The first firm would get service, the second not.
> > Unless, of course, you rolled your own updates or applied the binary
> > software updates also in the second firm, which would be illegal
> 
> This is not illegal.  All the software updates for GPL'd software are
> also GPL'd and therefore it's fair game to give or sell them to the
> second firm as long as the source is also made available (since you're
> now effectively a distributor of that software).

Unless you're authorized, the product and updates sold are not Red
Hat Linux Advanced Server. Also, while you could install the single
purchased AS on more than server, when you do that in one firm, it
is a violation of the licence agreement (probably only if you
actually used the Software Services).

> Frankly, Red Hat's business model is their problem, not ours.

I agree. Though, with regard to GNU GPL I see the risc of
parasitical use of "free" software as in "free beer". It starts with
small [commercial] applications and ends with entire distributions.
The bigger a project, the less easy it can be continued by others if
its original vendor stops developing it [due to economical reasons].
So, a customer should think twice before giving away the software to
others for free. The customer himself, of course, may try to get the
most out of the product/services he purchased (as long as the
licence allows it).

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