Intel acquiring Pallas

Donald Becker becker at scyld.com
Fri Aug 29 12:19:31 EDT 2003


On Fri, 29 Aug 2003 lehi.gracia at amd.com wrote:

  Red Hat can do *nothing* to prevent
> >    further distribution.  IOW, nothing prevents you from buying one
> >    license and make the updates available to the rest of the world.
> >
> >    Red Hat can, however, potentially decide not to provide you with
> >    future updates if you do this.  This is a bit unclear in the SLA.
> 
> Correct me if I'm wrong, I though part of the GPL was that you have to
> give the source code to anyone that asks for it, is it not? Per section
> 2b. 

No, section 2b states that you must propage the license, not make the
source code available to any third party.

Section 3 covers distribution and redistribution.  You don't have to
make the source code available to an arbitrary third party, just those
with the offers in 3b or 3c.  For distributions Red Hat ship with the
source code, they have no further obligations.

> >6. Given that the update packages are covered by the GPL, *nothing*
> >    prevents a receiver of said packages to make them available for
> >    download on the Internet.

For most individual packages, correct.

And the following discussion covers individual packages, not the
distribution as a whole.
If the package contains a trademarked logo embedded with GPL code they
   Should grant the right to use a package unmodified, including the logo
     (The GPL doesn't explicitly cover the case of logos, but a
     reasonable reading is that if Red Hat itself packages up the logo
     you have the right of unmodified distribution.)
   May require you to remove the logo with any modificatation

The entire distribution is another issue.  It may be protected by
copyright on the collection.  The may restrict distribution of packages
consisting of Red Hat branding and logos, which means some level of
content reassembly is necessary to distribute.

Red Hat may also insist that you not misrepresent a copy as a Red Hat
product.  This is an area where it's difficult to generalize.  They may
require removing packages/elements consisting of just logos or Red Hat
documentation.  And third parties can use the trademark name where it's
descriptive, but not misleading.  Consider the difference between
"Chevrolet Service Station" and "Service Station for Chevrolets"

[[ Native English speakers immediately understand the difference, and
think of this rule as just part of the language.  But you will not find
this legally-inculcated distinction as a part of the grammer. ]]

-- 
Donald Becker				becker at scyld.com
Scyld Computing Corporation		http://www.scyld.com
914 Bay Ridge Road, Suite 220		Scyld Beowulf cluster system
Annapolis MD 21403			410-990-9993

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