Re: [SLUG] School Project - Update - (RED HAT FANS...PLEASE READ THIS!!!!)

From: Brian Coyle (brian@linuxwidows.com)
Date: Sun Jun 16 2002 - 21:12:39 EDT


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On Sunday 16 June 2002 19:29, R P Herrold wrote:
> On 16 Jun 2002, Seth Hollen wrote:
> > I have been following this with lots of interest.
> > one question to everyone... from what I am reading it sounds as if I
> > build a box and buy a copy of RETAIL REDHAT 7.3, say from bestbuy, and
> > install it, THEN sell it, I am breaking the law.
> > is this correct?
>

According to RH that is the case. You can copy/reditribute the code
but no their trademarks. See below.

> No. What is being said are kerb-side gossip, without a clear
> statement of underlying fact and a knowledgable analysis of
> the issues involved.

more below.

>
> Red Hat maintains a open, anonymous FTP mirror of its GPL'd
> software, sources and binaries, and updates, free for all
> comers, and more besides. Use and enjoy, commercially or
> personally, as much as you wish, under the GPL.

RH claims a trademark on the RedHat name and shadow guy. You can't
use those on a product you resell (without permission).

>
> They do NOT wish you to represent _YOU_ are Red Hat or Red Hat
> authorized, if you are not in an arrangement which permits
> them to ensure the quality of the services, and the protection
> of their Trademarks and Copyrights.

This thread has spun way out of control. I'm surprised no one bothered
to check the RH info before resorting to name calling and other flames...

Here's a copy of what I found on the RH site after I read the first post.

 [ as originally posted to
    http://lists.leap-cf.org/pipermail/leaplist/2002-June/020911.html ]

- ---------------------------------

There's some talk on the SLUG list [1] that they have replaced RH w/SuSE on a
K12-like school project due to some infringement issues. I don't have all
the details (and IANAL), but I did some digging on RH's site and found this:

http://www.redhat.com/licenses/rhl_7-3_personal_us.html?location=United+States&

"THE "RED HAT" TRADEMARK AND RED HAT'S SHADOW MAN LOGO ARE REGISTERED
TRADEMARKS OF RED HAT, INC. IN THE UNITED STATES AND OTHER COUNTRIES. WHILE
THIS LICENSE AGREEMENT ALLOWS YOU TO COPY, MODIFY AND DISTRIBUTE THE
SOFTWARE, IT DOES NOT PERMIT YOU TO DISTRIBUTE THE SOFTWARE UTILIZING RED
HAT'S TRADEMARKS. YOU SHOULD READ THE INFORMATION FOUND AT
http://www.redhat.com/about/trademark_guidelines.html BEFORE DISTRIBUTING A
COPY OF THE SOFTWARE, REGARDLESS OF WHETHER IT HAS BEEN MODIFIED."

http://www.redhat.com/about/corporate/trademark/guidelines.html

says:

"It is important to understand that, although Red Hat allows third parties to
replicate its open source software under the GNU GPL, absent a written
agreement or other express permission it does not allow third parties to use
its trademarks."

The good news is:

http://www.redhat.com/about/corporate/trademark/page9.html

states non-profits and LUGs can still copy & distribute CD-ROMs... (whew!)
Businesses can also redistribute internally.

However, if you're a reseller, contractor, consultant or the like, it might
be prudent for you (and your lawyer) to review the details before you
install/copy that RedHat CD for a client...

- ---------------------------------

RH is within their rights to claim and enforce trademark on their stuff.
You are within your rights to refuse to use RH products, if you so choose.

The Linux industry is built upon survival of the fittest. If enough
people choose to forgo RH for another distro, then RH will have to
change or wither...

BTW- I have no relationship with RH other than as a (sometimes) user.

- --
Security is simply a speed bump, not a road block.
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